TILAKRAM CHAUDHURI Vs. KODUMAL JETHANAND WADHWA

JUDGEMENT

(1.) This is an appeal from the judgment of Mr. Justice Rangnekar refusing the defendant's application for a stay of the present Bombay suit, and on the other hand granting an injunction against the defendant from prosecuting a suit brought by him in the Ludhiana Court in the Punjab.

(2.) It appears that the defendant filed his suit first, viz., on May 18, 1925, in the Ludhiana Court. The Bombay suit was filed by the plaintiffs on May 19, 1925. There were two main points argued before the learned Judge, namely, (1) whether the two suits were between the same parties, and (2) whether the matters in issue in the two suits were the same within the meaning of Section 10 of the Civil Procedure Code.

(3.) There was another point to which the learned Judge alluded but on which he did not base his decision, viz., that under the express terms of the several contracts between the plaintiffs who were commission agents in Bombay and the defendant who was their up-country constituent at Ludhiana, it was agreed as follows : We agree that no suits in regard to any matter arising out of this transaction shall be instituted in any Court save the High Court of Judicature at Bombay or the Court of Small Causes at Bombay.