Q:I am a small time dealer in stationery. About three years ago, I had supplied diverse kinds of stationery to a department of the government of West Bengal. My bill for about Rs 3 lakh remained unpaid for more than a year in spite of repeated demands and reminders. Ultimately, I had to file a money suit in the city civil court at Calcutta for recovery of my dues. The suit was decreed in my favour in September this year. I immediately obtained a certified copy of the decree and filed an application for execution of the same. At all times, I have been conducting the legal proceedings in person as I can ill afford to engage lawyers. An objection has now been taken by the State’s lawyer that the decree has not become executable. I have not understood this argument. Will you please explain as to what it could mean? Further, I apprehend that it may also be contended that the State has no money to satisfy the decree. Does that mean that I will have to wait indefinitely for my legitimate dues which the court has upheld by passing a decree?
Name withheld
A: The lawyer for the State is possibly relying on Section 82 of the Code of Civil Procedure, 1908, which provides that when a decree is passed against a State, execution shall not be issued on such decree unless it remains unsatisfied for a period of three months computed from the date of such decree.
As such, your application for execution appears to be premature since the decree in question was passed some time in September, 2007. You should pray to the court to adjourn your application to a date beyond three months from the date of the decree. If on such adjourned date, your decree still remains unsatisfied, there would be no bar in executing the same.
The most convenient manner of execution would be by attachment of any bank account of the State, particulars whereof you are able to obtain. If you cannot trace any such bank account with adequate funds, you should apply for the attachment of any property, movable and / or immovable of the State, for sale of the same and for satisfaction of the decree from the sale proceeds thereof.
Q:I was employed by a partnership firm having two partners in April, 2005. My salary has not been paid since June, 2007. Upon making repeated demands for my arrear salaries, I was told that the same would be paid very soon. On September 15, 2007, one of the partners of the firm suddenly passed away. The surviving partner wrote to me on September 20 that the partnership stood dissolved and my services were no longer required. What should I do? Can I at least recover my arrear salaries? If so, from whom?
Shubho Dey
Calcutta
A:It is true that under the law of the land, a firm with only two partners, stands dissolved ipso facto upon the death of one of the partners. However, the partners of a firm are jointly and severally liable for the debts of the firm, which would include the unpaid salary of an employee.
Hence, your remedy is to file a money suit in the appropriate civil court having jurisdiction against the surviving partner of the erstwhile firm, and for good measure, you should add the legal heirs of the deceased partner also as defendants in the suit, claiming decree against all of them jointly and severally.
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