SEWARAM GOKALDAS Vs. BAJRANGDAT HARDWAR POTDAR

JUDGEMENT

(1.) The plaintiffs, carrying on business in Bombay, had dealings with the defendant, who is said to carry on business at Bassum in Akola under the style of Chatandas Shankardas. The plaintiffs say that the account was settled in 1912 between the parties. The defendant, after paying a certain amount in cash, passed two hundies for Rs. 900 and Rs. 1,000, respectively, drawn on his own firm by the defendant payable in Bombay 181 and 361 days after sight, respectively. As those hundies were not met when they fell due, the plaintiffs brought this suit for the recovery of the amount.

(2.) Paragraph 5 of the plaint states that the defendant resides at Bassum; that the hundies were passed at Bassum but the consideration of the hundies was the balance of the account due by the defendant to the plaintiffs in respect of transactions effected in Bombay and the moneys were payable to the plaintiffs in Bombay and a material part of the cause of action arose in Bombay.

(3.) Leave was obtained under Clause 12 of the Letters Patent to file the suit in Bombay.