N.U. Beg, J. - (1.) This is an appeal by a firm Jagatnarayan Durgaprasad. The appellant was the plaintiff in the trial court. The appellant had brought the present suit on the allegation that it was a firm which carried on bullion business as Pacca Arhatya at Nayaganj, Kanpur.
(2.) The plaintiff's case was that the defendants had entered into a contract with it whereby they had appointed the plaintiff as their agent for doing business in the purchase and sale of bullion, that the defendants had agreed to pay Arhat at the rate of -|8|- per bar of silver, interest at -|10|- percent. per mensem on account of Dalali, -|14|- per bar of silver and -|8|- per bar of silver towards the chamber expenses. According to the plaintiff's case, a large number of transactions were entered into between the parties as a result of the aforesaid contract and a total amount of Rs. 2373|14|- was due to the plaintiff from the defendants by way of principal and interest in respect of the said transactions. As the defendants had failed to make the said payment, in spite of a notice to that effect, the plaintiff had brought the present suit for the recovery of the same.
(3.) The suit was contested by the defendants on a number of grounds. The main ground was that the contract entered into between the parties was of a wagering nature and was, therefore, bad in law.;