Kessowji Damodar Jairam vs Luckmidas Ladha And Khimji Jairam on 30 March, 1889

Bombay High Court
Kessowji Damodar Jairam vs Luckmidas Ladha And Khimji Jairam on 30 March, 1889
Equivalent citations: (1889) ILR 13 Bom 404
Author: C Sargent
Bench: C Sargent, Bayley


JUDGMENT

Charles Sargent, C.J.

1. We think this Court has no jurisdiction, and the order appealed from must be confirmed. The object of this suit, as set forth in the plaint, is to have the accounts taken of the Zanzibar business. The defendant, who was manager there, is charged with misappropriating money. Reliance is placed upon the fact that certain sums of money, which form part of the total amount with which he is charged, were misappropriated by him by means of certain misrepresentations made or directions given in Bombay. We do not think that that is sufficient to give this Court jurisdiction. The mere fact that the fraud in connection with certain items in the account was effected in Bombay would not justify a change of venue. It is possible that the case would be tried here in a manner more satisfactory to the plaintiff than it can be elsewhere: but that is not a matter for our consideration. The simple question is, whether such a material part of the cause of action has arisen in Bombay as would justify us in transferring to this Court a case which prima facie ought to be tried elsewhere. We think there is not. The appeal must be dismissed with costs.

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