BHAGWANDAS PARASRAM Vs. BURJORJI RUTTONJI BOMANJI

JUDGEMENT

(1.) THIS appeal arises out of a suit for the recovery of money. Many defences have been pleaded, but only one need now be noticed; it is that the transactions on which the claim rests were agreements by way of wager. At the trial several issues, were framed, and the third was in these terms:

(2.) THE trial Judge, sitting on the original side of the High Court at Bombay, found all the issues in the plaintiffs' favour, and passed a decree for the amount claimed.

(3.) IT is from that decree that this appeal has been preferred by the plaintiffs, and the only question is whether the plea that the tractions were by way of wager has been established.