JUGALKISHORO SARAF Vs. RAW COTTON COMPANY LIMITED

JUDGEMENT

(1.) The facts leading up to this appeal are few and simple. Two persons named Mahomedali Habib and Sakerkhanoo Mahomedali Habib used to carry on business as merchants and pucca 'adatias' in bullion and cotton at Bombay under the name and style of Habib and Sons. In 1948 that firm instituted a suit in the Bombay City Civil Court, being Summary Suit No. 233 of 1948, against the present appellant Jugalkishore Saraf, a Hindu inhabitant carrying on business at Bombay, for the recovery of Rs. 7,113-7-0 with interest at 6 percent per annum said to be due by him to the firm in respect of certain transactions in gold and silver effected by the firm as pucca 'adatias'.

(2.) On 11-12-1950 the Custodian of Evacuee Property, Bombay, informed the respondent company that by an order made on 2-8-1950 the Additional Custodian of Evacuee Property had confirmed "the transaction of transfer" of the business of Habib and Sons to the respondent company.

(3.) On or about 25-4-1951 the respondent company presented before the Bombay City Civil Court a tabular statement purporting to be an application for execution under O. 21, R. 11, Civil P. C. In the last column of the tabular statement, under the heading "The mode in which the assistance of the Court is required", the respondent company prayed that the Court "be pleased to declare the Applicants the assignees of the decree as the decretal debt along with other debts had been transferred by the plaintiffs to the Applicants by a deed of assignment dated 7-2-1949 which was confirmed by the Custodian of Evacuee Property, Bombay, and order them to be substituted for the plaintiffs."