GAJENDRA NARAIN SINGH versus JOHRI MAL PRAHLAD RAI

GAJENDRA NARAIN SINGH versus JOHRI MAL PRAHLAD RAI

Where a person served as a partner appears in the suit without protest and does not successfully withdraw appearance, the decree may be executed against them under Order 21 Rule 50(1)(b) CPC. The City Civil Court’s refusal to allow withdrawal of appearance amounts to implied determination of partnership status, and in the absence of an appeal, is final.

Parties
Appellant: Gajendra Narain Singh; Respondent: Johri Mal Prahlad Rai
Jurisdiction
India
Judgment Date
13 November 1962
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated September 5, 1958, of the Patna High Court in Misc. Appeal No. 252/55
Outcome
Appeal dismissed
Legal Topics
Execution of Decrees, Partnership Law, Procedure Under Order 30 and Order 21 Rule 50 CPC
Civil Procedure Execution of Decrees Partnership Law Procedure Under Order 30 and Order 21 Rule 50 CPC

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Parties

Gajendra Narain Singh

Appellant

Johri Mal Prahlad Rai

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated September 5, 1958, of the Patna High Court in Misc. Appeal No. 252/55

Legal Issues

  1. 1 Whether decree against a partnership firm can be executed against an individual served as a partner
  2. 2 Whether appearance without protest precludes denial of partnership status
  3. 3 Applicability of Order 21 Rule 50(1)(b) and (c) Code of Civil Procedure

Ratio Decidendi

Where a person served as a partner appears in the suit without protest and does not successfully withdraw appearance, the decree may be executed against them under Order 21 Rule 50(1)(b) CPC. The City Civil Court’s refusal to allow withdrawal of appearance amounts to implied determination of partnership status, and in the absence of an appeal, is final.

Court Disposition

Appeal dismissed

Orders

  • Execution of the decree of the City Civil Court, Bombay, directed against Singh
  • Appellant to pay costs