Lord Parker:—

This was a partnership action instituted by the legal personal representatives of a deceased partner against the surviving partners. By the decree, dated 31st May, 1906, as varied by the order of the High Court, dated 26th March, 1907, it was directed that the Commissioner be appointed for the purpose of taking the accounts therein referred to, being the usual partnership accounts. The Commissioner made his report on the 14th August, 1907 and various objections to it were filed. On the 24th September, 1907 the Subordinate Judge overruled these objections and confirmed and gave relief on the footing of this report. The order of the Subordinate Judge was appealed. On such appeal two points were decided by the High Court. In the first place such Court decided that the report of the Commissioner was unsatisfactory and that the accounts as taken by him were not properly taken or supported by proper evidence and must be investigated afresh. In this respect, after careful consideration, their Lordships see no reason to differ from the High Court. Without going into detail, it will suffice to say that the accounts were taken without production or discovery of the partnership b