Judgement

Appeal (No. 123 of 1926) by special leave from a decree of the High Court in its appellate jurisdiction (February 8, 1926), affirming a decree of that Court in its original jurisdiction.

The appellants were a firm carrying on business in Calcutta. The respondents were a limited company whose registered office was in Bombay, carrying on business at Calcutta, Bombay, Rangoon, and elsewhere; in 1919 they had taken over, and had since continued, the business of Tata Sons & Co.

By a contract made in Calcutta in 1911 the appellants agreed to assist Tata Sons & Co. in securing constituents to purchase and/or sell grain in Rangoon, on constituents accounts, as common agents only; and that they would make good any undisputed claim which Tata Sons & Co. might lose owing to the failure or suspending payment of constituents; in consideration Tata Sons & Co. agreed to pay the appellants one-quarter of the commission they received.

In 1924 the respondents sued the appellants in the High Court at Rangoon to recover under the agreement the amount of two unsatisfied judgments which they had obtained against a Calcutta firm.

The High Court, on an ex parte application, granted leave under c