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Section 3

[8. Appearance under protest.—(1) Any person served with summons as a partner under rule 3 may enter an appearance under protest, denying that he was a partner at any material time.

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3 [8. Appearance under protest.—(1) Any person served with summons as a partner under rule 3 may enter an appearance under protest, denying that he was a partner at any material time. (2) On such appearance being made, either the plaintiff or the person entering the appearance may, at any time before the date fixed for hearing and final disposal of the suit, apply to the Court for determining whether that person was a partner of the firm and liable as such.