1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 124

818

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

Attachment of debts owing from firm.

0. 48A, r. 9.

Application

of Chapter XIX to actions between co-partners. O. 48A, r. 10.

Application of Chapter XIX to person trad- ing as firm.

0. 48A, r. 11.

on the pleadings or at the trial that he is a partner, or who has been adjudged to be a partner; and

(c) against any person who has been individually served, as a partner, with the writ of summons and has failed to appear.

(2) If the party who has obtained judgment claims to be entitled to issue execution against any other person as being a member of the firm, he may apply to the court for leave to do so; and the court may give such leave if the liability is not disputed or, if the liability is disputed, may order that the liability of such person be tried and determined in any manner in which any issue or question in an action may be tried and determined.

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(3) Except as against any property of the partnership, a judgment against a firm shall not render liable, release or other- wise affect any member thereof who was out of the jurisdiction when the writ was issued and who has not appeared to the writ, unless the writ has been served on him out of the jurisdiction with the leave of the court or he has been served within the jurisdiction after the writ was issued.

491.-(1) Debts owing from a firm carrying on business within the jurisdiction may be attached under Chapter XVI although one or more members of such firm may be resident abroad, provided that any person having the control or manage- ment of the partnership business or any member of the firm within the jurisdiction is served with the garnishee order.

(2) An appearance by any member pursuant to an order shall be a sufficient appearance by the firm.

492. The provisions of this Chapter shall apply to actions between a firm and one or more of its members and to actions between firms having one or more members in common, provided such firm or firms carry on business within the jurisdiction, but no execution shall be issued in any such action without the leave of the court, and on an application for leave to issue such execution all such accounts and inquiries may be directed to be taken and made, and directions given, as may seem just.

493. Any person carrying on business within the jurisdic- tion in a name or style other than his own name may be sued in such name or style as if it were a firm name; and so far as the nature of the case will permit all the provisions of this Chapter relating to proceedings against firms shall apply.

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