JUDGMENT

Derbyshire, C.J. - This is an appeal from a decision of Sen J., given on 6th April 1939 whereby he refused to revoke the leave which had been granted for the institution of this suit under Clause 12, Letters Patent, and further refused to stay the suit. The suit was brought by the plaintiff, Ali Mahomed Ebrahim Shakoor against the six defendants: (1) Adam Hajee Peermahomed Essack, himself, (2) Adam Hajee Peermahomed Essack, as Manager of Peer Mahomedi Fund, (3) Ahmed Hajee Peermahomed, (4) Abdul Karim Adam, (5) Talyub Ali Mohamed and (6) Hajee Adam Abdul Shakoor. The application for revocation of the leave and for stay of the suit was made by Hajee Adam Abdul Shakoor, defendant 6. Previously there had been an application for stay of the proceedings made by Adam Hajee Peermahomed Essack, defendant 1, but by a consent order made in that application (to which the present defendant was not a party) the suit was allowed to proceed on the plaintiff giving security for costs to the extent of Rs. 5000. It was agreed that the contention of the plaintiff that he was a resident of British India was still open to him, and also that it was still open to the defendants to contend that th