Judgement

Consolidated Appeals (No.43 of 1939) from a decree of the High Court in its appellate jurisdiction (March 31, 1938), which confirmed, with a minor variation, a decree of that Court in its ordinary original civil jurisdiction (May 24, 1937).

The suit which gave rise to these appeals was brought by the respondent, Janmahomed Abdul Rahim, as the assignee of an administration bond, against the appellant, the General Accident Fire and Life Assurance Corporation, Ld., as surety, claiming Rs.3,98,060, or such part thereof as might represent the loss to the estate of his father, one Abdul Rahim, through the failure of his mother, one Hawabai, to carry out the obligations under the bond.

The defendant (appellant) did not admit the alleged loss to the estate of Abdul Rahim; denied the alleged breaches of duty, and contended (inter alia) that the bond had not been validly assigned in law to the plaintiff (respondent), and that the purported assignment was the transfer of a mere right to sue and, as such, was void and inoperative, and that the plaintiff was not therefore entitled to maintain the suit. It was further alleged that the claim of the plaintiff was barred by the law of lim