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1939 Supreme(Cal) 4

SEN
Ali Mohamed Ebrahim Shakoor – Appellant
Versus
Adam Hajee Peer Md. Essack – Respondent


JUDGMENT

Sen, J. - This is an application by, defendant 6, Hajee Adam Abdul Bhakoor, for an order that the leave granted under Clause 12 of the Letters Patent of this Court to the plaintiff to institute this suit in this Court be revoked, in the alternative for an order staying the suit. There was a prayer for security for costs; that was abandoned by learned Counsel for the petitioner. This motion arises out of a suit instituted by the plaintiff Ali Mohamed Ebrahim Shakoor against six defendants. They are (1) Adam Hajee Peer Mohamed Essack, for self, (2) Adam Hajee Peer Mohamed Essack, as manager of Peer Mohamedi Fund, (3) Ahmed Hajee Peer Mohamed, (4) Abdul Karim Adam, (5) Taiyub AH Mohamed, and (6) Hajee Adam Abdul Shakoor. It will be more convenient, I think, to refer to the defendants by their respective numbers and not by their names which are confusing by reason of the fact that the names of the different defendants are very similar and seem to be a permutation and combination of one another's names. Defendant 1 is the same person as defendant 2. Defendant 3 is the brother of defendant 1 and defendant 4 is the son of defendant 1. Defendant 5 is the plaintiff's son, and defend

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