MANILAL RAGHUNATH Vs. RADHAKISSON RAMJIWAN, A FIRM

JUDGEMENT

(1.) The plaintiffs filed this suit to recover from the defendants the losses they had incurred on certain forward contracts for cotton entered into by them on their behalf as their pakka brokers.

(2.) The defendants raised the defence of wagering and the issue raised at the trial was whether the transactions in the suit were by way of wagering.

(3.) The trial Judge decided that issue in favour of the plaintiffs and directed an account to be taken of what was due to the plaintiffs. The defendants appealed and when the appeal came on for hearing before Scott C.J. and Heaton J. the defendants asked to be allowed to call further evidence.