Genuineness of partnership as a question of fact; no referable question of law arose for reference.

The Delhi HC considered whether the Tribunal's finding that a partnership was genuine and that registration was allowable raised a referable question of law. It held that the issue substantially turned on the Tribunal's appreciation of facts, including the existence and genuineness of the partnership, and that genuineness was a pure question of fact. The finding that the partnership deed operated retrospectively was also upheld on a correct reading of the deed, and that point was not challenged. No referable question of law was made out, so the petition was rejected.

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Issues: Whether the Tribunal's finding that the partnership was genuine and registration was allowable gave rise to a referable question of law.

Analysis: The question framed related substantially to the Tribunal's appreciation of facts concerning the existence and genuineness of the partnership. The finding on retrospectivity of the partnership deed was not challenged, and on a correct interpretation of the deed the Tribunal's conclusion that it operated retrospectively was found to be in order. The remaining challenge concerned genuineness, which was held to be a pure question of fact and not a ground for directing a reference.

Conclusion: No referable question of law was made out, and the petition was rejected.

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