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november 1962

Supreme Court of India · 1962-11-13

GAJENDRA NARAIN SINGH vs JOHRI MAL PRAHLAD RAI

Citation / case number
SC 1960/81
Court
Supreme Court of India
Petitioner
GAJENDRA NARAIN SINGH
Respondent
JOHRI MAL PRAHLAD RAI
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Order 30, Rules 6 and 7 of the Code of Civil Procedure, the service of summons on an individual partner of a firm is valid, and the partner's appearance in court constitutes acceptance of that status. The Court found that the appellant, having not produced the original summons, was deemed to have been served as a partner and that the City Civil Court's refusal to allow withdrawal of appearance implied a decision on partnership status. Consequently, the decree could be executed against the appellant under Order 21, Rule 50 of the Code of Civil Procedure.

GAJENDRA NARAIN SINGH vs JOHRI MAL PRAHLAD RAI · Niyam