8592 - Proper plaintiff.

     § 8592.  Proper plaintiff.        (a)  General rule.--In a derivative action under this     subchapter, the plaintiff must be a partner at the time of     bringing the action and:            (1)  at the time of the transaction of which he        complains; or            (2)  his status as a partner shall have devolved upon him        by operation of law or pursuant to the terms of the        partnership agreement from a person who was a partner at the        time of the transaction.        (b)  Exception.--Any partner who, except for the provisions     of subsection (a), would be entitled to maintain the action and     who does not meet such requirements may, nevertheless in the     discretion of the court, be allowed to maintain the action on     preliminary showing to the court, by application and upon such     verified statements and depositions as may be required by the     court, that there is a strong prima facie case in favor of the     claim asserted on behalf of the limited partnership and that     without the action serious injustice will result.