HAFIZABOO Vs. MAHOMED CASAM MOORAD

JUDGEMENT

(1.) The only question on this appeal is as to the meaning of Section 44(b) of the Civil Procedure Code. The suit is brought against the executors of Issub Esmail and in it two causes of action have been united. One is in respect of property in the possession of the defendants to which the plaintiff lays claim by right of inheritance to Ebrahim Suleman and of Amaboo the wife of Mahomed Suleman. The other is in respect of moneys alleged to have been paid by the plaintiff to issue and invested by him on her behalf.

(2.) The defendants object that there is thus a misjoinder of causes of action having regard to the provisions of Section 44(b) of the Civil Procedure Code.

(3.) The objection came before Batty J. who rightly considered himself bound by the decision in Ashabai V/s. Haji Tyeb Haji Rahimtulla (1882) I.L.R. 6 Bom. 390 to hold in the defendants favour.