Order 22, rule 44 of Civil Procedure Rules : Execution of decree against firm
(1) Where a decree has been passed against a firm, execution may be granted—
(a) against any property of the partnership.
(b) against any person who has appeared in his own name under rules 6 or 7 of Order 30 or who has admitted on the pleadings, that he is, or who has been adjudged to be, a partner; or
(c) against any person other than an infant who has been individually served as a partner with the summons and has failed to appear.
(2) Where the decree-holder claims to be entitled to cause the decree to be executed against any person other than such a person as is referred to in subrules (1) (b) and (1) (c) as being a partner in the firm, he may apply to the court which passed the decree for leave, and, where the liability is not disputed, such court may grant such leave, or, where such liability is disputed, may order that the liability of such person be tried and determined in any manner in which any issue in a suit may be tried and determined.
(3) Where the liability of any person has been tried and determined under subrule (2), the order made thereon shall have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree.
(4) Save as against any property of the partnership, a decree against a firm shall not release, render liable, or otherwise affect any partner therein unless he has been served with a summons to appear.
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