Rule 6 Execution of decree against a firm
Northern Ireland
A decree against a firm may be enforced—
against any property of the partnership in Northern Ireland;
against any person who has been adjudged to be liable as a partner;
against any person who was individually served with the civil bill as a partner or person sought to be made liable—
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[f1 where he has not served a notice of intention to defend in Form 42 and judgment has been entered in accordance with Order 12 or where he has failed to appear at the hearing.]
If the person who has obtained the decree claims to be entitled to enforce it against a partner or otherwise, he may apply to [f2 the judge or district judge as the case may be] for leave so to do, and the following provisions shall apply—
he shall give to the alleged partner not less than three days’ notice of his application;
the notice shall be served on the alleged partner personally;
on the hearing of the application, [ the judge or district judge as the case may be]—
if liability is not disputed, may give leave for application to be made for enforcement under the Judgments Enforcement (Northern Ireland) Order 1981f3;
if liability is disputed, may order the issue of liability to be tried in such manner as he thinks fit and may give any necessary directions for that purpose.
Annotations
Footnotes
- f1
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Words substituted by S.R. 1995 No. 151 with effect from 01.09.95
- f2
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Words amended by S.R. 2013 No. 19 with effect from 25.02.13
- f3