Sir Lawrence Jenkins :-

This appeal arises out of a suit for dissolution of partnership and consequential relief, instituted as far back as the 9th August 1905 in the Court of the Subordinate Judge of Cocanada.

Following on a reference to a Commissioner and a report, a preliminary decree was passed on the 16th March, 1908, dissolving the partnership and determining a number of matters on which the litigants were at issue; and after a further reference and report, the final decree was pronounced on the 8th September 1908. On appeal to the High Court at Madras the Subordinate Judge's decision was modified, and it is from this appellate decree that the present appeal has been brought.

The partnership dates back to a time before 1894, but in that year the members of the firm entered into a registered agreement of partnership, by which their relations with each other were determined.

Of the original partners, the 1st defendant alone was alive at the date of this suit's institution, the other partners then being the plaintiffs Nos. 1 and 2 and the defendants Nos. 6 and 7, who had come into the firm by way of succession. The 1st defendant's share was two-fifths, that of the plaintiffs Nos. 1