Kolkata Court April 1887 Judgments

Ramdoyal Vs. Junmenjoy Coondoo

Court: Kolkata

Reported in: (1887)ILR14Cal791

Wilson, J.1. We think the view taken of this case by the learned Judge who heard it is correct. The plaint alleged a partnership entered into between the plaintiff and the original defendant, under which that defendant was to be the monied partner, the plaintiff was to be the managing partner, and the plaintiff was to have a certain share in the profits ; and the plaint went on to pray relief upon the footing of the partnership and in the manner usual in a partnership suit. The defendant denied the partnership, and said that the real relation between the parties was not that of partner and partner but of master and servant, that the plaintiff was a gomastah paid by a share of the profits, and that according to the long understood practice in this country (now embodied in the Contract Act) he was not a partner. The defendant also raised another objection : He said that there were three of them concerned in the matter, that the plaintiff was to have a share in the profits as remuneration...