RAGHUNANDAN NANU KOTHARE Vs. HORMASJI BEZONJI BAMJI

JUDGEMENT

(1.) Before we hear the main appeal it is convenient first to determine issue No. 1 in the trial Court, viz., whether the defendant was a partner in the firm of Messrs. Nanu Hormasjee & Co. This is cross-objection No. 1.

(2.) Now here we have the circumstance that the plaintiff and defendant, who are two experienced solicitors of the High Court of Bombay, deliberately enter into an agreement of July 31, 1915, Exh. A, under which they expressly agree that "they shall be partners in the said firm of Nanu Hormasjee & Company and shall practise as attorneys under the said name and firm." The partnership is to be for one year, and on its determination the defendant is to "cease to have any claim or interest in the firm and its outstandings, the property, name and goodwill thereof."

(3.) Further, the plaintiff and defendant gave a general notice as follows : We beg to inform you that we have admitted Mr. Hormusji Bezonji Bamji (the defendant) into partnership with us from this date. We shall continue to carry on our business under the same style as before. Mr. Bamji will sign as below.