JUDGMENT - CHAGLA C. J. :

This is an appeal against a judgment of Mr. Justice Mody and the learned Judge begins his judgment by stating: "This is a normal case wherein abnormal developments have taken place". We wholly subscribed to that proposition. We might add that this is not only a normal case but a very simple case where every conceivable technical defence has been taken in order to put off the evil day when judgment will be passed against the respondents, who are the defendants in the suit. Mr. Thakore, who has done his best for his client, realising how dishonest the defence was and arguing before what he might have felt a very hostile Bench, did not omit to put before us every possible circumstance which could help his clients. But the. more he argued the more we felt that the attempt was, as Mr. Thakore frankly conceded, to see that the judgment was delayed as far as possible, and Mr. Thakore also told us that as his clients were not in a position to pay any amount at all it did not matter to them whether heavy costs were incurred and the litigation became as protracted as possible. According to Mr. Thakore, his clients might as well be adjudicated insolvent for a larger a

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