VULCAN IRON WORKS Vs. BISHUMBHUR PROSAD

JUDGEMENT

(1.) This is a motion by the plaintiffs to restrain the defendant from proceeding with a suit, which he has instituted in the Court of the Subordinate Judge of Farruckabad.

(2.) The facts may be shortly stated as follows: The plaintiffs instituted this suit on the 4 of July last against the defendant to recover the sum of Rs. 6,209/- alleged to be due to the plaintiffs from the defendant on three promissory notes all dated the 10 of September 1906.

(3.) It is admitted that the defendant resides and carries on business at Farruckabad in the United Provinces outside the jurisdiction of this Court. This suit was instituted by the plaintiffs by leave granted under Clause 12 of the Charter on the ground that part of the plaintiffs cause of action arose within the limits of the Original Civil Jurisdiction of this Court. The defendant on the 20 August last filed a suit in the Court of the Subordinate Judge at Farruckabad praying for a declaration that the said three promissory notes are null and void. To this suit one Eaton the original payee of the promissory, notes is made a co-defendant with the present plaintiffs. Eaton has been adjudicated an insolvent and is, it is said, now a prisoner in the Rangoon Jail.