(1.) THIS case raises a curious point as to whether it is obligatory upon the plaintiff who seeks, as personal representative of his deceased father, to recover from the defendant a sum of money alleged to be due by the defendant in respect of contracts made by his deceased father, to submit the claim made by him to arbitration in accordance with the by-laws of the East India Cotton Association, and whether the obtaining of an award in his favour is a condition precedent to the institution of any suit in respect of the transactions. After the issues had been raised learned counsel asked me to try this as a preliminary issue, and I agreed to do so. The issue has been argued upon the assumption that all the allegations made in the plaint are correct, and a number of documents have been put in by consent.
(2.) THE facts necessary for the determination of this issue may be stated shortly as follows:-
(3.) AT the time of the death of Ramchandra Bhagwandas the defendant had outstanding transactions for the purchase of one hundred and fifty bales for July-August 1940 delivery and in respect of these transactions the defendant became liable to pay and paid to the plaintiff the sum of Rs. 444 for the clearing of May 9, 1940.