BHAGVANDAS PARASHRAM Vs. BURJORJI RUTTONJI BOMONJI

JUDGEMENT

(1.) The plaintiffs filed this suit against the defendant in April 1911 alleging that in June 1910 defendant requested them to act as his pakka adalias, that in consequence of such instructions they entered into contracts for the sale of large quantities of cotton and linseed which resulted in heavy losses These they seek to recover from the -defendant after giving him credit for a large sum which, it is alleged, he deposited with them as margin money.

(2.) The defendant pleads that he entered into cotton and linseed contracts with the plaintiffs as principals and that the common understanding between the parties was that no delivery was to be given or taken but that differences alone should be dealt in. He denies that the plaintiffs acted as his pukka ad adatias.

(3.) On the 19th January 1911 the defendant obtained leave to administer interrogatories to the plaintiffs. The affidavit of the managing clerk of defendant s solicitors supporting the application states that in order to answer the questions the plaintiffs would have to refer to their books and if those questions were put to them in cross-examination a good deal of the Court s time would be wasted.