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DANIELS, LINDSAY
Choudhry Bidhi Chand – Appellant
Versus
Kachhu Mal – Respondent
JUDGMENT
1. This appeal arises out of a claim brought by the plaintiff Bidhi Chand for certain sums paid by him for brokerage and commission in connection With certain forward contracts for the sale of cotton seeds, etc, which he entered into as commission agent on behalf of the defendants. His case was that the defendants were to deliver the goods to him for sale to third parties on forward dates; that the defendants failed to supply the goods, and that he had to compensate the buyers for the loss. The suit has been dismissed by both the Courts below on the ground that the contracts were wagering contracts which are illegal u/s 30 of the Indian Contract Act. It is not disputed that the contracts were wagering contracts. The plaintiff appeals on the ground that Section 30 does not prevent a person who is employed as agent in connection with wagering contract from recovering sums due to him by his principal. In support of this plea the rulings in Shibho Mal v. Lachman Das 23 A. 165 : A.W.N. (1901) 33 and Jagai Narain v. Sri Kishen Das 8 Ind.Cas. 783 : 33 A. 219 : A.L.J. 1146 have been cited. It is not disputed on behalf of the respondents that these rulings support the plea of the ap
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