SHERIFF OF BOMBAY Vs. HAKMAJI MOTAJI AND CO

JUDGEMENT

(1.) This case illustrates the fact that it is usually much easier to make mistakes than to remedy them.

(2.) On November 29, 1923, the bailiffs of the then Sheriff of Bombay Sir Temulji Nariman, had in their custody a judgmentdebtor named Bhavani Govind. That judgment-debtor escaped from their custody. The plaintiffs thereupon gave notice to the Sheriff of Bombay, claiming damages for the escape of the prisoner. Subsequently, on December 13, 1923, they gave formal notice of the suit, and followed this up on March 14, 1924, by bringing the present suit against "the Sheriff of Bombay" as defendant.

(3.) At the date of the suit Mr. Ishwardas Lakhmidas was the Sheriff of Bombay. The formal appearance for the defendant was entered by the Government Solicitor "for the Sheriff of Bombay." The written statement was put in on July 22, 1924, and signed, "Ishwardas Lakhmidas, Sheriff of Bombay."