EBRAHIMBHOY PABANEY MILLS CO LTD Vs. HASSAN MAMOOJI

JUDGEMENT

(1.) The contract was signed by the defendant personally and he is attempting to lead oral evidence to show that he was contracting as agent and that the name of his principal was disclosed at the time of the contract.

(2.) I think the plaintiffs- contention, that this evidence is inadmissible, is correct.

(3.) Mr. Jinnah contends that the evidence if agency is de hors the contract and refers to Sections 231 and 233 of the Indian Contract Act. No doubt under these sections a principal not named in the contract may come forward and adopt the contract as his or per contra the other contracting party may elect to sue him although he is not named in the contract. But these sections in no way affect the liability of the party who has signed the contract.