KHEMCHAND ISSARDAS Vs. KHAIRUDDIN RANGLAHI

JUDGEMENT

(1.) This is a very curious ease. It is an interpleader suit brought by the plaintiffs but neither of the two defendant-claimants appears at the trial. The first defendant has not entered an appearance at all in the suit. The second defendant did appear by a solicitor in the suit but has not appeared at the trial.

(2.) The question, therefore, that arises, assuming the plaintiffs make out their case, is what relief the Court ought to grant.

(3.) The facts very shortly are these. The plaintiffs are commission agents, and in July 1917 they received instructions from defendant 1 by telegram to sell 112 bales of cotton which were being consigned to the plaintiffs through defendant 2. They were also instructed to honour a hundi for Its. 12000 which the defendants or one of them were to draw on the plaintiffs. The cotton arrived and was duly sold and the hundi was honoured and paid by the plaintiffs. After doing all that, and after giving credit for the sale proceeds, and after debiting the parties with the hundi, there remains a balance of Rs. 2558-2-7 which the plaintiffs admit are due from them.