AHMED MUSAJI SALEJI Vs. HASHIM EBRAHIM SALEJI

JUDGEMENT

(1.) This was an action to have partnership accounts taken, and for that purpose to have various matters decided by the Court. Three questions only were raised before their Lordships on the present appeal.

(2.) The circumstances raising the first question were as follows. The membership of the firm was in dispute. Certain persons were alleged, on one side, to have been partners, and, on the other, to have been only employees remunerated by a share of annual profits. The suit was begun on 30th June 1908, and on 30th August 1909 the Trial Judge, Fletcher J., by his formal adjudication (to use a neutral term) "declared" that the partnership in question was dissolved as from 1st July 1907, and then " ordered and decreed " that- It is referred to the assistant referee of this Court to take the following account and to make the following enquiries, that is to say:- 1. To enquire who were the partners who were entitled to share in the assets and goodwill of the said partnership business; 2. To take an account of the dealings of the parties with assets of the said partnership business; and, further, certain other matters not now material.

(3.) This adjudication was immediately appealable but was not appealed. The assistant referee duly held the enquiries directed, and all matters were gone into at a great expenditure of time and money. His report on enquiry No. 1 was adverse to the appellants, and being excepted to by them was confirmed by Fletcher J.