RAJENDRAN AND OTHERS versus SHANKAR SUNDARAM AND OTHERS

Plaintiff could enforce claim against the firm and its partners as they were partners at the relevant time; attachment before judgment justified as court forms only prima facie opinion; furnishing security does not seriously prejudice appellants; no grounds for interference under Article 136.

Parties: Appellant: Rajendran and Others; Respondent: Shankar Sundaram and Others
Jurisdiction: India
Judgment Date: 30 January 2008
Procedural Posture: Civil Appeal / Appeal From Division Bench Judgment of Madras High Court in O.s.a. No.108/2003
Outcome: Appeal dismissed
Legal Topics: Attachment Before Judgment, Liability of Partners, Partnership Act, Prima Facie Case, Jurisdiction Under Article 136

Civil Procedure Partnership Law Attachment Before Judgment Liability of Partners Partnership Act Prima Facie Case Jurisdiction Under Article 136

Case Brief

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Parties

Rajendran and Others

Appellant

Shankar Sundaram and Others

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Madras High Court in O.s.a. No.108/2003

Legal Issues

1 Whether attachment before judgment can be ordered against the partners of a firm when loan was purportedly not taken for the benefit of the firm
2 Whether the plaintiff can enforce his claim against the firm as well as its partners

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appellants to furnish security within specified time; upon failure, order of attachment of the 2nd item on schedule to petition to be issued
No order as to costs