SHA JETMULL GANMUL Vs. CHARTERED BANK OF INDIA

JUDGEMENT

(1.) This is an appeal from Clarke, J., sitting on the Original Side of this Court regarding a question of costs. The relevant facts are as follows:

(2.) The plaintiff (appellant here) instituted a suit against the defendant - respondent, the Chartered Bank of India, Australia and China, claiming Rs. 15,000, the price of goods bargained and sold but which had not been delivered, and, in addition, Rs. 9,000, damages for non-delivery. Further claims amounting to Rs. 3,000 represented interest on the above amounts, making a total claim of a sum slightly exceeding Rs. 27,000. In respect of the claim for damages for non- delivery the amount sought to be recovered was Rs. 10,185, including interest.

(3.) During the preliminary matters relating to the suit and preparation for trial, three orders were made directing evidence to be taken on commission at Simla, Bombay and Calicut respectively. Two of these orders were obtained at the instance of the respondent and one of them at the plaintiff's instance.