Outsider omit any partner name as defendant = waived right of action against the partner
Kendall v Hamilton
F: Ptf gave loan to X,Y (partners in trading firm). P took action to X,Y when they cannot pay loan. Subsequently, X,Y have been declared bankrupt. Later, Ptf found D is a wealthy person and also a secret partner to X,Y. Ptf initiated a proceeding against D.
H: Ptf have right to sue D legally. But application dismissed.
D: Once action has been completed against the firm, no one can be made liable for a same action in a different proceeding.