This is an application for issuing a writ of certiorari to quash the order of the Deputy Chief Controller of Exports, Custom House, Madras. The petitioner is a registered partnership firm carrying on business at Tirunelveli Pettai. The petitioner entered into a partnership with the first defendant on terms and conditions set out in the partnership deed dated 1st December, 1950. The partnership deed was executed subsequent to the agreement, dated 30th September 1950. The scope of the agreement, the partnership deed and the terms thereof are in dispute. During September, 1950, two lots of hundred tons of chillies were exported under two contracts with the Co-operative Wholesale Establishment, Ceylon Subramania Pillai, the respondent, had shipped the goods in his own name and realised the sale proceeds through bank.

The petitioner’s case is that two consignments were made pursuant to the aforesaid partnership entered into between the parties.

The first respondent does not deny the export but states that he paid a share in the proceeds to the petitioner’s firm as brokerage and that by reason of that payment it was never intended that the petitioners firm should become partners wit