JUDGMENT

Costello, J. - These two patent appeals are concerned with two sets of proceedings which were tried and determined by Mr. Justice Ameer Ali more or less together. They were not formally consolidated, and indeed they could not have been, because the parties in the one were not exactly the same as the parties in the other. But the facts in issue and the points of law arising in each of them were, to a large extent, identical. Appeal No. 62 of 1937 arises out of Suit No. 2203 of 1935 and in it the Plaintiffs (as set out in the cause title) were: Ernest Bruno Nier, Ida Ella Adolph, Richard Woldemar Nier, Martha Helene Pross and Johannes Kurt Nier, forming a partnership firm constituted under the laws of the German Reich and trading under the name and style of Hermann Nier, having their principal office and place of business in Beirfeld (Saxonia) in Germany, and all residing in Beirfeld aforesaid. They sue by their constituted attorney in India, Hanns George Fischer of F. Racek & Co., carrying on business at Lohar Chawl, Lohar Street, in the city of Bombay and also at 111, Radhabazar Street, Calcutta and residing at 23, Ballygunge Circular Road in this city. The Defendants were