order XX1X Rule 50 (2) of CPC
Tabassum Dalvi
(Querist) 22 June 2008
This query is : Resolved
whether leave to sue the partners individually can be allowed where there is an award against the parnership firm in arbitration proceedings during which the partners were not served with the notices or summons?
J K Agrawal
(Expert) 22 June 2008
Madam
If any of the partners were not served with the notice the award is nullity and not enforceable against the firm or partners. If some of partners has been served the firm and those partners served are individually liable but not unserved. A partner can not be allowed to sue or be sued individually that is to say affecting his share only but if the partner has no express authority by the firm, any acceptance or compromise does not bind the firm as per section 19(2) of The Partnership Act 1932.
arunprakaash.m.
(Expert) 23 June 2008
Partners are individually and also collectively liable for their deeds and acts under the Indian Partnership act 1932.
