1949 Present: Nagalingam J. and Gratiaen J.

RAHIMAN, Appellant, and PITCHAI KAGOO, Respondent

S. C. 71-D. C. (Inty.) Colombo, 18,597
 

Partnership-Action filed against partners subsequent to dissolution of partnership--Service of summons on past Manager-Is it valid ?-Civil Procedure Coder Section 64.

In regard to service of summons on the Manager of a partnership business, it must be shown (l) that the cause of action is one in respect of the partnership business, (2) that the defendants were partners of such business at the date of the cause of action, (3) that at the date of institution of the action the partnership business was yet in subsistence, (4) that at the date of service of summons also the partnership continued to exist, (5) that the person on whom summons is served was at the date of the service of summons the Manager of such business, and (6) that where there is more than one place of business of the partnership, such person was Manager at the principal place of such business. If any one or more of these requirements is not satisfied, then the service of summons cannot be regarded as one binding on the partners so as