At the conclusion of the case for the Plaintiffs and on submissions made by Dr. Withers-Payne for the Defendant, I dismissed the claim with costs, and the counterclaim being thereupon withdrawn, I said that I would give my reasons later, in writing.

During numerous adjournments which had been necessary I had had ample opportunity of considering the claim and pleadings in the suit and also, from time to time, the evidence given by the 1st Plaintiff M. K. Varma and his witnesses.

I had also anticipated that Dr. Withers-Payne would at the close of the Plaintiffs case, make the submissions he did.

These submissions were two-fold (a) a point of law and (b) on the facts, namely that the Plaintiffs had wholly failed to prove and substantiate their claims and allegations.

Dr. Withers-Payne submitted firstly that the two Plaintiffs were not entitled to maintain this suit in their personal capacities as individuals and as framed in the Writ of Summons.

The endorsement of the Writ of Summons claims damages for breach of an agreement dated the 3rd April 1947. The action is therefore one based on contract. The breach of this agreement made between the Plainti