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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 17.06

Appearance under objection of person sued as partner

    (1)     A person served with originating process as a partner may file an appearance stating—

        (a)     that the person does so as a person served as a partner; and

        (b)     that the person denies that the person was a partner at any material time or is liable as such.

    (2)     An appearance filed under paragraph (1) shall not preclude the plaintiff from otherwise serving the partners, and, if no party has filed an appearance in the ordinary form, obtaining judgment against the partners in the name of the firm in default of appearance.

    (3)     Where an appearance is filed under paragraph (1)—

        (a)     the plaintiff may either—

              (i)     apply to set it aside on the ground that the person filing it was a partner or is liable as a partner; or

              (ii)     leave that question to be determined at a later stage of the proceeding;

        (b)     the person filing the appearance may either—

              (i)     apply to set aside the service on that person on the ground that the person was not a partner at a material time or liable as such; or

              (ii)     at the proper time serve a defence on the plaintiff denying in respect of the plaintiff's claim either the person's liability as a partner or the liability of the partners or both;

        (c)     the Court may give directions as to the mode and time of trial of any question of the liability of the person who filed the appearance or of the liability of the partners.

    (4)     Rule 8.08 does not apply to an appearance filed under this Rule.



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