Search for a law firm
May, 14 2019
May, 14 2019
Actions by and against firms and persons carrying on business in names other than their own
1. Any two or more persons claiming or being liable as copartners and carrying on business in Cyprus may sue or be sued in the name of the respective firms (if any) of which such persons were co-partners at the time of the accruing of the cause of action; and any party to an action may in such case apply by summons to a Judge for a statement of the names and addresses of the persons who were, at the time of the accruing of the cause of action, co-partners in any such firm, to be furnished in such manner, and verified on oath or otherwise as the Judge may direct.
2. When a writ is sued out by partners in the name of their firm, the plaintiffs or their advocates shall, on demand in writing by or on behalf of any defendant, forthwith declare in writing the names and places of residence of all the persons constituting the firm on whose behalf the action is brought. And if the plaintiffs or their advocates shall fail to comply with such demand, all proceedings in the action may, upon an application for that purpose, be stayed upon such terms as the Court or a Judge may direct. And when the names of the partners are so declared, the action shall proceed in the same manner and the same consequences in all respects shall follow as if they had been named as the plaintiffs in the writ. But all the proceedings shall, nevertheless, continue in the name of the firm.
3. Where persons are sued as partners in the name of their firm under Rule 1 of this Order, the writ shall be served either upon any one or more of the partners or at the principal place, in Cyprus, of the business of the partnership upon any person having at the time of service the control or management of the partnership business there; and, subject to these Rules, such service shall be deemed good service upon the firm so sued, whether any of the members thereof are out of Cyprus or not, and no leave to issue a writ against them shall be necessary provided that in the case of a co-partnership which has been dissolved to the knowledge of the plaintiff before the commencement of the action, the writ of summons shall be served upon every person in Cyprus sought to be made liable.
4. Where a writ is issued against a firm, and is served as directed by Rule 3 of this Order, every person upon whom it is served shall be informed by notice in writing in Form 8 given at the time of such service whether he is served as a partner or as a person having the control or management of the partnership business, or in both characters. In default of such notice, the person served shall be deemed to be served as a partner.
5. Where persons are sued as partners in the name of their firm they shall appear individually in their own names; but all subsequent proceedings shall, nevertheless, continue in the name of the firm.
6. Where a writ is served under Rule 3 of this Order upon a person having the control or management of the partnership business, no appearance by him shall be necessary unless he is a member of the firm sued.
7. Any person served as a partner under Rule 3 of this Order, but who denies that he was a partner or liable as such at any material time, may on appearing state that he does so as " a person served as a partner in the defendant firm, but who denies that he was a partner at any material time ". Such appearance as long as it stands shall be treated as an appearance for the firm. If a person so states on appearance,
- the plaintiff may apply to the Court to strike out the statement on the ground that the person making it was a partner or liable as such, or may leave that question to be determined at a later stage of the proceedings; or
- the person so stating on appearance may apply to the Court to set aside the service on him on the ground that he was not a partner or liable as such; or he may by his defence deny either or both
- his liability as a partner,
- the liability of the defendant firm in respect of. the plaintiff's claim. An order may on the application of either party at any time be made that the liability of the person served and the liability of the defendant firm may be tried in such manner and at such times as the Court may think fit.
8. Where a judgment or order is against a firm, execution may, subject to the provisions of Orders 40 to 45 and of any other Rules or law for the time being in force, issue-
- against any property of the partnership in Cyprus;
- against any person who has appeared in his own name under Rule 5 or 6 of this Order, or who has admitted on appearance that he is, or who has been adjudged to be a partner;
- against any person who has been individually served, as a partner, with the writ of summons, and has failed to appear.
If the party who has obtained judgment or an order claims to be entitled to issue execution against any other person as being a member of the firm, he may apply to the Court or a Judge for leave so to do; and the Court or Judge may give such leave if the liability be not disputed, or if such liability be disputed may order that the liability of such person be tried and determined in any manner in which any issue or question in an action may be tried and determined. But except as against any property of the partnership, a judgment against a firm shall not render liable, release, or otherwise affect any member thereof who was out of Cyprus when the writ was issued, and who has not appeared to the writ, unless he has been served out of Cyprus under Order 6, or has been served in Cyprus after the writ in the action was issued.
9. Debts owing from a firm carrying on business in Cyprus may be attached under Part VII of the Civil Procedure Law, Cap. 7, or any other law or Rules for the time being in force, although one or more members of such firm may be resident abroad : provided that any person having the control or management of the partnership business or any member of the firm in Cyprus is served with the garnishee order. An appearance by any member pursuant to an order shall be sufficient appearance by the firm.
10. The above Rules shall apply to actions between a firm and one or more of its members, and to actions between firms having one or more members in common, provided such firm or firms carry on business in Cyprus, but no execution shall be issued in such actions without leave of the Court or a Judge, and on an application for leave to issue such execution all such accounts and inquiries may be directed to be taken and made, and directions given as may be just.
11. Any person carrying on business in Cyprus in a name or style other than his own name may be sued in such name or style as if it were a firm name; and, so far as the nature of the case will permit, all Rules relating to proceedings against firms shall apply.