SHAW WALLACE AND CO Vs. GORDHANDAS KHATAO

JUDGEMENT

(1.) The principal question in this appeal is as to the power of the Court to receive this suit. The plaintiffs are Messrs. Gordhandas Khatao and Mulraj Khatao and Mr. N.C. Macleod the Official Assignee and Assignee of the estate and effects of certain traders, who until recently carried on business under the name and style of Vishram Ebrahim & Co.

(2.) The defendants are described in the heading to the plaint as " The firm or partnership of Shaw Wallace & Co. as it was constituted on the 13 September 1898 and the partners in the said firm on that date. "

(3.) According to the allegations in the plaint the first and second plaintiffs and Vishram Ebrahim & Co. on the 22 August, 1898 entered into an agreement with the defendants, Shaw Wallace & Co., who committed a breach of the agreement entitling the plaintiffs to sue them in respect thereof. In the 16 para of the plaint it is alleged, the defendants carry on business in Bombay. Part of the cause of action arose in Bombay.