Judgement

Appeal (No. 51 of 1938) from a judgment and decree of the High Court in its appellate jurisdiction (March 16, 1937) affirming a decree of the High Court in its ordinary original civil jurisdiction (July 30, 1936).

The question for determination in this appeal was whether the suit out of which it arose was maintainable. The facts were not in dispute.

Cooverji Umersey & Co., a firm carrying on business in partnership in Bombay as merchants, commission agents and shroffs (native bankers), consisted in 1925 of nine partners, Cooverji Umersey, the respondent, and his father, Umersey Katchra, and seven others, who were defendants Nos. 4 to

10. On September 30, 1925, one Mawji Waghji and Monghibai, his wife (the appellant), borrowed Rs. 1,20,000 from the firm of Cooverji Umersey & Co., with whom Waghji had had joint ventures in cotton. A promissory note for Rs. 1,20,000 was executed in favour of the firm by Waghji and his wife, and 676 bales of cotton were hypothecated to the firm as security for the loan. In addition to those bales, the title-deeds of two houses belonging to the appellant and her husband, and situate at King Lane and Borah Bazar Street, were deposited with the