KISHAN LAL Vs. BHANWAR LAL

JUDGEMENT

(1.) This is an appeal by Kishanlal and Satya Narain, minors under the guardianship of their mother, against the judgment of a Division Bench of the High Court of the former Jodhpur State, dated the 24th of September, 1949. The applicants were plaintiffs in suit No. 49 of 1945-46, which was decided on the original side of the High Court of the former Jodhpur State. After the decision of the Division Bench, there was an application to the High Court for leave to appeal which was granted. That is how the present appeal has come up before us.

(2.) The plaintiffs' suit was for recovery of Rs. 10,342/3/3. The plaintiff owned two firms, one in Jodhpur, called Kan Mal Suraj Mal and the other in Indore, called Kan Mal Kishan Lal, and both these firms were acting as commission agents. The plaintiff's' case was that the defendant, Bhanwar Lal, who is a resident of Jodhpur, entered into certain forward transactions in bullion with their Indore Firm. These transactions resulted in a loss, a part of which was paid up. The suit was filed for recovery of the remainder of the loss consisting of Rs. 9,861/13/6 as principal and Rs. 480/5/9 as interest.

(3.) The suit was resisted by the defendant on a number of grounds, and seven issues were framed by the trial Judge. There was a total denial by the defendant of any contract having been entered into between him and the plaintiffs' firm at Indore. It was also alleged that the transactions were of a wagering nature, and further that in view of a Notification, dated the 3rd of June, 1943, the transactions were illegal, and no decree could be passed by the Courts in Jodhpur State in consequence.