Section 3
Subs. by Act 104 of 1976, s. 78, for rule 8 (w.e.f. 1-2-1977).
3. Subs. by Act 104 of 1976, s. 78, for rule 8 (w.e.f. 1-2-1977).
(3) If, on such application, the Court holds that he was a partner at the material time, that shall not preclude the person from filing a defence denying the liability of the firm in respect of the claim against the defendant.
(4) If the Court, however, holds that such person was not a partner of the firm and was not liable as such that shall not preclude the plaintiff from otherwise serving a summons on the firm and proceeding with the suit; but in that event, the plaintiff shall be precluded from alleging the liability of that person as a partner of the firm in execution of any decree that may be passed against the firm.]
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