No appearance except by partners
Full Text
Where a summons is served in the manner provided by rule 3 upon a person having the control or management of the partnership business, no appearance by him shall be necessary unless he is a partner of the firm sued.
Plain English Summary
Clarifies that a non-partner manager or person in control served with summons is under no legal obligation to enter appearance in court unless they are also a partner of the sued firm.
Key Legal Elements
- Exemption for Non-Partner Managers: No duty to file appearance or written statement.
- Notice to Partners: Manager's sole practical duty is forwarding process to the actual partners.
- Firm Liability: Default in appearance by partners results in ex-parte proceedings against the firm.
Practical Note
Advising Sued Branch Managers: If a commercial branch manager or accountant is served with court summons under Rule 3(b), inform them that under Rule 7 they have no personal liability to appear in court, provided they were served specifically as manager under Rule 5. They must transmit the summons immediately to the partners for formal defense.
हिंदी पाठ
जहां नियम 3 द्वारा उपबंधित रीति से समन की तामील भागीदारी कारबार पर नियंत्रण या प्रबंध रखने वाले किसी व्यक्ति पर की जाती है, वहां उसके द्वारा उपसंजात होना आवश्यक नहीं होगा जब तक कि वह वादग्रस्त फर्म का भागीदार न हो।