1935   Present: Koch J. and Soertsz A.J.

DE SILVA v. DE SILVA

283-D. C. Galle, 31,564.

Partnership-Action for account-Validity of agreement-Burden of proof- Capital-Ordinance No. 7 of 1840, s. 21.

Where, in an action for account of a business carried on in partnership, a de facto partnership is established, the burden of proving that it was not valid in terms of section 21 of Ordinance No. 7 of 1840 is on the party who asserts it.

The capital contemplated by the section is the original capital contributed by the parties.

APPEAL from a judgment of the District Judge of Galle.

H. V. Perera (with him N. E. Weerasooria, A. L. Jayasuriya, and D. W. Fernando), for defendant, appellant.

M. T. de S. Amarasekera (with him T. S. Fernando), for plaintiff, respondent.

September 20, 1935. KOCH J.-

The respondent to this appeal in her capacity as administratrix of her husband's estate instituted this action against her brother-in-law, inter alia, for an account on the ground that the latter carried on business in partnership with her husband under the name and style of G. L. Podisinno & Bros, from the year 1915 in rice, sundries, &c, at Ambal