Supreme Court Rules 1987

(1) A person served with originating process as a partner may file an appearance stating that he does so as a person served as a partner and that he denies that he was a partner at a material time or is liable as such.

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

(3) Where an appearance is filed under subrule (1):

(a) the plaintiff may either apply to set it aside on the ground that the person filing it was a partner or is liable as a partner or leave that question to be determined at a later stage of the proceeding;

(b) the person filing the appearance may either apply to set aside the service on him on the ground that he was not a partner at a material time or liable as such or at the proper time serve a defence on the plaintiff denying in respect of the plaintiff's claim either his liability as a partner or the liability of the partners or both; and

(c) the Court may give directions as to the mode and time of trial of the 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.