Judgement

Appeal from a judgment and decree of the High Court in its appellate jurisdiction (September 1, 1913) affirming, with a slight variation, a judgment and decree of Fletcher J. (April 22, 1912).

The suit was instituted in the High Court by the first respondent as one of the sons and executor of Ebrahim Soleman Saleji, deceased, against the appellants and the other respondents, claiming (inter alia) an account of the dealings and assets of the firm of Ebrahim Soleman and Co., in which his deceased father had been a partner. The partnership had been dissolved by arrangement between the partners on and from July 1, 1907, and the suit was commenced in June, 1908. On August 30, 1909, the trial judge, Fletcher J., declared that the partnership was dissolved and " ordered and decreed " that the matter be referred to the assistant referee of the Court, (1.) to inquire who were the partners who were entitled to share in the assets and goodwill, and (2.) to take an account of the dealings of the parties with the assets of the partnership business. This " order and decree" was not appealed from, and an inquiry accordingly took place. The report of the assistant referee showed, inter a