A HAJI ISMAIL AND CO Vs. RABIABAI

JUDGEMENT

(1.) The two defendants in this suit were partners and in a suit No. 96 of 1907 filed by the first defendant against the 2nd defendant for dissolution of partnership a receiver was appointed to get in the assets. The receiver has now in his hands a sum of about Rs. 1,698 as assets and it is not considered likely that he will recover anything more.

(2.) The plaintiffs in this suit having obtained a decree against the defendants were granted leave to issue execution against the assets of the partnership in the hands of the receiver and a prohibitory order was issued on the 19 June 1908. They have now taken out a garnishee notice against the receiver to pay to the plaintiffs the money in his hands. I am told that no other claims have been made against these assets but a question arises whether they are not subject to the lien of the solicitors in the partnership suit for their costs.

(3.) The rule at common law that a solicitor is entitled to a lien for his costs on property recovered or preserved by his exertions has always been followed by this Court and the case of Ridd V/s. Thorne (sic) 2 Ch. 344; 71 L.J. Ch. 624; 50 W.R. 542; 86 L.T. 655 is a direct authority for holding that where there are assets of a partnership in the hands of a receiver appointed in a partnership suit, the solicitors engaged in that suit are. entitled to ask for a charge on those assets in priority to the creditors of the partnership.