The court has the discretion to grant or refuse an adjournment, but this discretion must be exercised judicially. In the present case, the trial court erred in refusing to grant an adjournment to the appellant to amend the summons and serve it on the other defendants, as the appellant had a strong prima facie case for revocation of leave and the balance of convenience was overwhelmingly in favor of the suit being tried in Bombay.

( 1 ) THIS appeal is from a judgment and order dated June 14, 1962 passed by Ray, J. by which Ray, j. dismissed an application of the appellant for revocation of leave under Clause 12 of the Letters Patent which had been granted to the plaintiff in the instant suit. The facts of the case are briefly as follows.

( 2 ) THE appellant is u private limited company with its registered office at Bombay and if* a producer of cinematographic films and motion pictures. The appellant produced u film called "mughal-E-Azam". On or about June 19, 1959 there was an agreement in writing by and between the appellant and a firm named Messrs. Chitrabani by which the appellant appointed the said Messrs, Chitrabani as the sole distributor of the said film for a territory which is known to the film trade as Bombay circuit. Under that agreement the said Messrs. Chitrabani were given license for sole and exclusive exhibition, distribution and exploitation of the picture in the said Bombay circuit. Messrs. Chitrabani (described as "distributors' in the said agreement) agreed to give to the appellant who has been described as "principals" in the agreement. as and by way ol minimum guarantee of business on that picture, a sum of Rs. 16,00,000. Thai, sum was to be paid in Bombay in the following manner: (a) Rs. 5 lacs was to be paid on or before the execution of the agreement; (b) Rs. 2 lacs within 45 days of the signing of the agreement; (c) Rs. 2 lacs within 7 days of the censor of the picture; (d) Rs. 7 lacs against delivery in Bombay of certain prints of the picture in accordance with a schedule attached to the agreement. This sum was to be paid within 15 days from the date of call for the amount by the principals to the distributors at their Bombay address. It was further agreed that payment in time of the aforesaid amounts and the delivery oi: prints mentioned in Schedule A to the agreement within six months from the date of the agreement were to be the essence of the agreement. It was further agreed that the distributors were to take delivery of the prints within 15 days from the date of a written intimation given to that: effect by the principals. In the event of the failure of the distributors to take delivery of the prints within the stipulated time the principals were to be at liberty to give the distribution, exploitation, and exhibition rights of the picture to other parties and in that event the principals were to be entitled to adjust monies paid to them by the same distributors to the extent of recouping the principals' losses and damages. The principals agreed to do pre-release publicity upto Rs. 2 lacs at their own cost. It was further agreed that the exploitation income derived by the distributors in the business done cm the aforesaid picture was to be utilised in the following manner: (a) towards the recoupment of the payment of the minimum guarantee of Rs. 16 lacs; (b) after recouping the aforesaid sum the distributors were to adjust a total commission of 15 per cent on the income received in respect of the minimum guarantee of Rs. 18 lacs, that is to say, the distributors were to appropriate a total sum of Rs. 1. 6 lacs plus Rs. 2,70,000 as commission; (c) after adjusting the aforesaid amount of Rs. 18,70,000 and the cost of any extra prints taken by the distributors over and above the stipulated prints free of cost, the balance of the income was to be shared at the rate of 25 per cent as their commission and 75 per cent was to be paid to the principals as their share of the income. This was to be held in trust by the distributors and paid on or before the 25th of every following calendar month. The distributors agreed not to sell the picture in any part or parts of the contracted territory without the prior written consent of the principals. The distributors also undertook not to exhibit or exploit the said picture directly or indirectly outside the contracted territory and it was agreed that in the event of