JUDGMENT

Boys, J. - Plaintiff filed a suit in a Benares Court on the allegation that in pursuance of a conversation with Mr. Smith, Defendant No. 1, and on assurances given by him he had supplied certain goods to Mr. Smith and to the second defendant, Mr. Roche; that later Mr. Smith discharged all his own personal obligations in regard to the goods supplied to him but that the second defendant Mr. Roche had, while retaining some of the goods supplied to him, defaulted in regard to the payment therefor. The plaintiff, therefore, sued both the defendants and obtained a decree against them both, against the second defendant as principal and against the first defendant as surety. Mr. Smith is a resident of Ceylon and, for the purposes of British India, admittedly a foreigner. He has also no property, in this country, He filed a written statement in which he challenged the allegations of fact so far as they concerned him. He also demurred to the jurisdiction of the Court alleging that the Court had no jurisdiction whatever to deal with him. Beyond filing this written statement he took no further steps and did not appear, and, so far he was concerned, the suit was decreed ex parte.

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