JAIRAMDAS GANESHDAS Vs. ZAMONLAL KISSORILAL

JUDGEMENT

(1.) The plaintiffs herein, Jairamdas Ganeshdas and another, sue the defendant Zamonlal Kissorilal for damages for the non-acceptance of one hundred bales of cotton and ask to restrain the defendant from proceeding with Suit No. 21205 of l902 in the Bombay Small Causes Court. Paragraph 6 of the plaint herein sets out the nature of that suit. (His Lordship read the paragraph and continued :)

(2.) Mr. Inverarity for the defendant herein has raised an important question, viz., that this Court has no jurisdiction to restrain the defendant from carrying on his suit in the Small Cause Court. I take it to be an important question, for points of this kind are repeatedly raised in this Court and all questions involving jurisdiction are important.

(3.) The plaintiffs in their affidavit in support of the rule, which has not been replied to, state that they were induced by a threat on the defendant's part not to file this suit, and so the defendant was enabled to file his suit in the Small Cause Court first.