sec.86Person improperly served as partner

### sec.86 Person improperly served as partner In a proceeding against a partnership started by claim, a person who is served as a partner may file a conditional notice of intention to defend stating— the person files the notice because the person was served as a partner; and the person denies being a partner at a material time or being liable as a partner. On application, the court may— set aside the service of an originating process on the person on the ground that the person is not a partner or is not liable as a partner; or set aside a conditional notice of intention to defend on the ground that the person is a partner or is liable as a partner. The court may give directions about how to decide the liability of the person or the liability of the partners. (sec.86-ssec.1) In a proceeding against a partnership started by claim, a person who is served as a partner may file a conditional notice of intention to defend stating— the person files the notice because the person was served as a partner; and the person denies being a partner at a material time or being liable as a partner. (sec.86-ssec.2) On application, the court may— set aside the service of an originating process on the person on the ground that the person is not a partner or is not liable as a partner; or set aside a conditional notice of intention to defend on the ground that the person is a partner or is liable as a partner. (sec.86-ssec.3) The court may give directions about how to decide the liability of the person or the liability of the partners. - (a) the person files the notice because the person was served as a partner; and - (b) the person denies being a partner at a material time or being liable as a partner. - (a) set aside the service of an originating process on the person on the ground that the person is not a partner or is not liable as a partner; or - (b) set aside a conditional notice of intention to defend on the ground that the person is a partner or is liable as a partner.