JUDGMENT

C.C. Ghose, J. - The only question which arises in this appeal is whether an arbitration clause to be found in a contract between the Japan Cotton Trading Go. Ltd., and Messrs. Shamdeo Gopiram was imported into the contract under which the plaintiff in the case bought the goods referred to in the plaint from the defendants Messrs. Shamdeo Gopiram.

2. On or about 7th September 1927, the plaintiff purchased from the defendants 100 bales of grey cotton yarn at the rate of Rs. 5 per bundle. The plaintiff alleged that it was a verbal contract and that the defendants in breach of the contract failed and neglected to deliver the goods. The defendants alleged that it was a written contract and was duly entered in the sowda book of the defendants and that the plaintiff had signed the same. They also stated, that they were ready and willing to deliver the goods to the plaintiffs at all material times.

3. The sowda entry referred to above was in these terms:

100 gold to Haji Wali Mahomed Ayub, through Gajanand Yarn No. 32 football ticket, bales 100, in words (one) hundred at 5th August shipment. We had purchased (the same) from the Japan Cotton Trading Co., which same we have sold to you