GAMBHIR MAL PANDIYA vs J. K. JOTE MILLS CO., LTD., KANPUR AND ANOTHER

The Supreme Court held that under Order 21, Rule 50(2) of the Code of Civil Procedure, 1908, a decree against a firm can be executed against a partner who was not summoned in the suit, provided that the partner has the opportunity to contest his liability. The Court clarified that while the partner can challenge the decree on grounds such as lack of partnership or fraud, he cannot relitigate issues between himself and other partners. The judgment affirmed the liability of the partner G for the decree against the firm despite his absence in the arbitration proceedings.