Sarabhiah Yam firm"-the Yam Shop-constituted under an A instrument of partnership dated May 12, 1955, and in paragraphs 3 and 8 this Yam Shop is also described as the first partner. But the substance of the agreement cannot be permitted to be overshadowed merely by the use of the collective description of some of the persons who agreed to be partners. The agreement was between K. Veeresalingam, K. Nagendrarao, K. Madhusudhanarao, Mahendrakar Narayana Rao, Noone Vittayya, Pottipalli Chandrayya and Gande Ramayya to enter into partnership with the covenant that the profits and losses shall be divided in the. shares specified in the instrument. The partnership agreement was signed by the major partners; the application for registration was conformity wilh the rules framed under the Act, the certificate regarding the distribution of the profits in the previous year was given, the original instrument of partnership was produced and the instrument specified the individual shares of the partners. Merely because the deed of partnership set out in paragraph 8 the collective share of the Yarn Shop, registration could not be refused, for in the preamble the division of the shares of profits and losses among the three members of the Yam Shop and those admitted to the benefit of the partnership is clearly indicated. The word "specify" is used in s. 26-A and Rule 2 as meaning, mentioning, describing or defining in detail : it does not mean expressly setting out in fractional or other shares. In the deed of partnership, the. E shares are clearly defined, though they are not worked out in · precise fractions. Nor is it true to say that the Yam Shop is introduced as a partner. The agreement is in truth between three major members out of those who cqnstitute the Yam Shop and four outsiders. Each of them has signed the application and the covenants of the partnership agreement bind the partners .individually. Indication in the deed of partnership that three of them held qua the Yam Shop a certain relation did not affect their status as partners of the appellant firm individually.
