52.
Rights where partnership contract is rescinded
for fraud or misrepresentation.- Where
a contract creating partnership is rescinded
on the ground of fraud or misrepresentation
of any of the parties thereto, the party entitled
to rescind is, without prejudice to any other
right, entitle –
(a) to a lien on, or right
of retention of, the surplus of the assets of
the firm remaining after the debts of the firm
have been paid, for any sum paid by him for
the purchase of a share in the firm and for
any capital contributed by him;
(b) to rank as a creditor
of the firm in respect of any payment made by
him towards the debts of the firm; and
(c) to he indemnified by the
partner or partners guilty of fraud or misrepresentation
against all the debts of the firm.
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