1961 Present: T. S. Fernando, J., and Sinnetamby, J.

C. S. RATNAM, Appellant, and K. M. PERERA, Respondent

S. C. 67 of 1959-D. C. Kurunegala, 11,433

    Partnership-Dissolution-Action for accounts-Procedure-Civil Procedure Code s. 508.

    Contracts-Interpretation-Emphasis on substance and not on form-Principal and agent-" Commission ".

    In an action instituted by a partner against his co-partner asking for accounts of the partnership which has been dissolved, and for a distribution of the profits and assets, the proper course for the Court to adopt is first to decide whether it should call upon the defendant to file an account and for what period and only thereafter, after giving the plaintiff an opportunity to falsify and surcharge, proceed to determine what amounts are due either to the plaintiff or to the defendant, as the case may be.

    In construing a contract the Court will look at what the contract really is and not at what the parties say it is. What the Court has to consider is not the mere name given to it but the substance of the transaction and decide what it would in truth and in fact amount to on a consideration of a