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[Subsidiary]

CAP. 4] The Rules of the Supreme Court Order 81 [1988 Ed.

Enforcing judgment or order against firm (O. 81, r. 5)

5. (1) Where a judgment is given or order made against a firm, execution to enforce the judgment or order may, subject to rule 6, issue against any property of the firm within the jurisdiction.

(2) Where a judgment is given or order made against a firm, execution to enforce the judgment or order may, subject to rule 6 and to the next following paragraph, issue against any person who-

(a) acknowledged service of the writ in the action as a partner,

or

(b) having been served as a partner with the writ of summons,

failed to acknowledge service of it in the action, or

(c) admitted in his pleading that he is a partner, or

(d) was adjudged to be a partner.

(3) Execution to enforce a judgment or order given or made against a firm may not issue against a member of the firm who was out of the jurisdiction when the writ of summons was issued unless he-

(a) acknowledged service of the writ in the action as a partner,

or

(b) was served within the jurisdiction with the writ as a partner, or

(c) was, with the leave of the Court given under Order 11,

served out of the jurisdiction with the writ as a partner;

and, except as provided by paragraph (1) and by the foregoing provisions of this paragraph, a judgment or order given or made against a firm shall not render liable, release or otherwise affect a member of the firm who was out of the jurisdiction when the writ was issued.

(4) Where a party who has obtained a judgment or order against a firm claims that a person is liable to satisfy the judgment or order as being a member of the firm, and the foregoing provisions of this rule do not apply in relation to that person, that party may apply to the Court for leave to issue execution against that person, the application to be made by summons which must be served personally on that person.

(5) Where the person against whom an application under paragraph (4) is made does not dispute his liability, the Court hearing the application may, subject to paragraph (3), give leave to issue execution against that person, and, where that person disputes his liability, the Court may order that the liability of that 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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