Section 18
Liability Of Contract Taken In Partnership Or Jointly
18. Liability of contract taken in partnership or jointly:
(1) Where in making arrangement of contract, two or more persons take a contract in partnership, no person out of them may be detached from the partnership
thereby terminating his or her liability prior to the expiration of the term of the contract.
(2) Where in making arrangement of contract, two or more persons jointly take a contract, the rights and liabilities of such persons in relation to the contract shall be as follows:
(a) If the portion or share of such persons in the contract has been specified by executing a deed, as per pro rata of the deed, and
(b) Failing such a deed as per equal sharing (pro rata basis).
(3) Notwithstanding anything contained in Clause (b) of Sub- section (2), if, in recovering any dues recoverable by the Government of Nepal on pro rata basis as referred to in that Clause, such dues cannot be recovered from any person out of them, the dues yet to be recovered shall recovered on pro rata basis from the res persons out of them; and if the dues cannot be recovered even upon such pro rata basis, the dues shall be kept on being recovered from the other rest persons on pro rata basis, and action shall be carried out accordingly until the recovery of dues is made in full.
(1) Where in making arrangement of contract, two or more persons take a contract in partnership, no person out of them may be detached from the partnership
thereby terminating his or her liability prior to the expiration of the term of the contract.
(2) Where in making arrangement of contract, two or more persons jointly take a contract, the rights and liabilities of such persons in relation to the contract shall be as follows:
(a) If the portion or share of such persons in the contract has been specified by executing a deed, as per pro rata of the deed, and
(b) Failing such a deed as per equal sharing (pro rata basis).
(3) Notwithstanding anything contained in Clause (b) of Sub- section (2), if, in recovering any dues recoverable by the Government of Nepal on pro rata basis as referred to in that Clause, such dues cannot be recovered from any person out of them, the dues yet to be recovered shall recovered on pro rata basis from the res persons out of them; and if the dues cannot be recovered even upon such pro rata basis, the dues shall be kept on being recovered from the other rest persons on pro rata basis, and action shall be carried out accordingly until the recovery of dues is made in full.