JUDGMENT : - This Appeal arises from the decree passed by the Learned Civil Judge, Senior Division at Vasco in Special Civil Suit No.3l of 1976 on 31 - 10 - 1996. The suit was partly 4ecreed and the defendants No.1, 2, 3 & 5 were directed to pay jointly to the plaintiff the sum of Rs.3,66,203.40/ - with interest thereon at the rate of 6% per annum from the date of the suit till payment or realisation.

2. It was the case of the Plaintiff Nationalised Bank that defendant No.1 (since absconding) was its employer in its Head Office at Mumbai and defendant No.2 was his wife, whereas defendants No.3 & 4 are the residents of Goa and were carrying on a partnership business in the name and style of Messrs. Goa Ship Repairs (defendant No.5) with defendant No.2 as the 3rd partner. It was alleged that defendant No.2 was merely a benami partner in place of defendant No.1 and in fact it was at the instance of the defendant No.1 that she was described as a partner of defendant No.5 partnership firm which was registered under the Indian Partnership Act, 1932. Defendant No.2 did not have any independent source of income. Defendant No.1 had joined the services of the Bank in 1951 as a cler

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