Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | code of civil procedure 1908 Decree against firm Partnership Execution against partner not summoned in suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Partnership --Decree against firm—Execution against partner not summoned in suit—Liability of such partner— Whether partner can raise issues between himself and other partners—Code of Civil Procedure, 1908 (Act 5 of 1908), O. 21, x. 50(2).A contract entered into between the respondent company and a firm consisting of two partners, T and G, was signed by T. A dispute relating to the contract was referred to arbitration in pursuance of the terms of the contract providing for such arbitration, and an award was given in favour of the company. The award was made into a rule of the court and a decree was passed against the firm, In execution of the decree the company sought to proceed against the personal property of and made an application for the leave of the Court under O. 21, r. 50(2), of the Code of Civil Procedure. G pleaded that the award and the decree passed thereon were not binding on him on the grounds, that the other partner who had signed the contract had no authority to enter into the agreement Held, that G was liable for the decree passed against the firm. A decree passed against a firm may be executed against a partner who was not summoned in the suit, but O. 21, r. 50 (2), of the Code of Civil Procedure gives him an opportunity of showing cause if he disputes his liability. In such a case he can prove that he was not a partner or that he was nota partner at the time the cause of action accrued. He can also question the decree on the ground of collusion, fraud or the like, but he cannot have the suit tried over again or arise issues between himself and his other partners. |
Judge | Honble Mr. Justice M. Hidayatullah |
Neutral Citation | 1962 INSC 151 |
Petitioner | Gambhir Mal Pandiya |
Respondent | J. K. Jute Mills Co, Ltd., Kanpur And Another |
SCR | [1963] 2 S.C.R. 190 |
Judgement Date | 1962-04-17 |
Case Number | 19 |
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