Supreme Court · 2008 INSC 120 · Decided 30 January 2008
Rajendran and Others v. Shankar Sundaram and Others
- Court
- Supreme Court of India
- Citation
- 2008 INSC 120 · [2008] 2 S.C.R. 209
- Case number
- CIVIL APPEAL No. 802/2008
- Decided
- 30 January 2008
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 136
Headnote
.. ' Code of Civil Procedure, 1908 - 0. 38 r. 5 - Attachment before judgment -Application for, against partnership firm and its partners - Challenge to, on the ground that borrower was c not a partner and borrowal of money was not for the benefit of the firm - Held: All of them were partners time - Plaintiff could enforce his claim against the firm as a/so its partners - Lender filed application for attachment to protect his interest in the event suit is decreed - Cburt was to form D prima facie opinion at that stage without going into the correctness of the contentions raised - On
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