BHAGWANDAS PARASHRAM 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:- Whether the transactions mentioned in the plaint are no wagering transactions and whether the plaintiffs were not aware of the defendant s invention to deal in differences only ?

(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.) On appeal the appellate bench of the High Court agreed with the findings of the Trial Judge on all the issues but the third. On that it held in favour of the defendant, and dismissed the suit.