Judgement

Appeal (No. 30 of 1924) from a decree of the High Court in its appellate civil jurisdiction (March 14, 1922) varying a decree of that Court in its original civil jurisdiction (October 20, 1920).

3 Law Rep. 53 Ind. App. 84 ( 1925- 1926) Mahomed Khaleel Shirazi V. Les Tanneries Lyonnaises

14

The suit was brought by the appellants in the High Court against the respondents and another defendant to recover money alleged to be due under two contracts for the sale of skins.

The facts relevant to this report are stated in that part of the judgment of the Judicial Committee here reported. The appeal as against the first respondent depended entirely upon the evidence and involved no question of law.

1925. July 6, 7, 9; Dec. 1, 3, 4, 5, 9. Sir George Lowndes K.C., Kenworthy Brown and D. Chamier for the appellants.

Dunne K.C. and Blanco White for respondents No. 1.

E. B. Raikes for respondent No. 2.

1926. Feb. 4. The judgment of their Lordships was delivered by

SIR JOHN EDGE. This is an appeal by the plaintiffs from a decree, dated March 14, 1922, of the High Court at Madras, which was made in its appellate civil jurisdiction and varied a decree, dated October 20, 1920, of a judge of the same Court, which was made in the ordinary original civil jurisdiction of the High Court.

The appeal arises in a suit which was instituted with the leave of the High Court on February 3, 1919, in the ordinary original civil jurisdiction of the High Court by the plaintiffs, who live in the city of Madras, to obtain a decree against Les Tanneries Lyonnaises and their agent Monsieur J. Marret for money alleged to be due to the plaintiffs under a contract for the sale and delivery of goat skins under a contract of May 25, 1917, and under a contract of January 26, 1918, for the sale and delivery of sheep skins. There was another defendant to the suit named Oodayar, against whom no relief was claimed. The suit was tried, and the decree of the trial judge was made in the ordinary original civil jurisdiction of the High Court.

The French company carries on business at Oullins, near Lyons, in France. Marret and Oodayar live at Pondicherry The contract of May 25, 1917, was made by Marret, as the agent of the French company, with the plaintiffs in the city of Madras, and the money which might become due under it was payable at a bank in the city of Madras. The contract of January 26, 1918, was made by Marret at Pondicherry, and the money which might become due under it was payable to the plaintiffs at the bank in the city of Madras.

The trial judge made, on October 20, 1920, a decree for Rs. 1,76,242, with interest thereon and for costs against the French company, and by his decree dismissed the suit against . Marret and Oodayar but decreed that Marret should pay to the plaintiffs taxed costs and interest thereon. The plaintiffs did not appeal to the High Court against the decree of the trial judge dismissing the suit against Marret. They had obtained a decree against the French company for their entire claim, and with that they were then content. As appears by the record, the French company and Marret jointly appealed to the High Court against the decrees which had been made against them. On that appeal the High Court found that the French company was not liable to pay anything in respect of the claim under the contract of January 26, 1918, and by its decree modified the decree against them made in respect of their liability tinder the contract of May 25, 1917, with certain costs, and dismissed the suit against Marret and Oodayar. Against that decree of the High Court this appeal by the plaintiffs has been brought.

3 Law Rep. 53 Ind. App. 84 ( 1925- 1926) Mahomed Khaleel Shirazi V. Les Tanneries Lyonnaises

15

In the High Court Marret, on behalf of the French company and himself, had filed a joint written statement. In this appeal for the first time the French company and Marret are represented by different counsel instructed by separate firms of solicitor