ORDER

Panckridge, J. - This is an application by a firm of attorneys, who carry on business under the name and style of H.N. Dutta & Co., and another attorney, Mr. D.C. Mitter. H.N. Dutta & Co. consist of three partners. When the warrant of attorney in this case was executed, Mr. D.C. Mitter was a member of the firm in addition to the three gentlemen who are now partners. Mr. Mitter has ceased to be a member of the firm with effect from 31st May 1940. I notice that both the firm and the former partner, and for that matter the attorney representing the defendant in this application, observe the now prevalent custom of misdescribing themselves as solicitors, a breach of the legal profession not recognized by the Charter or rules of the original side, except in so far as under chap. 2 of the rules solicitors of the Supreme Courts of Judicature in England and Northern Ireland are entitled to be admitted as attorneys of this Court. At the time when the notice of this application was served, the firm, as at present constituted, was not registered under Sections 58 and 59, Partnership Act. It is argued that this is a proceeding to enforce a right arising from a contract within the meaning