3. THE FIRST CASE
Whilst in Bombay I began
on the one hand, my study of Indian law, and on the other, my experiments
in dietetics, in which Virchand Gandhi, a friend, joined me. My brother,
for his part, was trying his best to get me briefs.
The study of Indian law was
a tedious business. The Civil Procedure Code I could in no way get on with.
Not so, however, with the Evidence Act. Virchand Gandhi was reading for
the solicitor's examination, and would tell me all sorts of stories about
barristers and vakils. 'Sir Pherozeshah's ability,' he would say, 'lies
in his profound knowledge of law. He has the Evidence Act by heart, and
knows all the cases on the thirty-second section. Badruddin Tyabji's wonderful
power of argument inspires the judges with awe.'
The stories of stalwarts such
as these would unnerve me.
'It is not unusual,' he would
add, 'for a barrister to vegetate for five or seven years. That's why I
have signed the articles for solicitorship. You should count yourself lucky
if you can paddle your own canoe in three years' time.'
Expenses were mounting up every
month. To have a barrister's board outside the house, whilst still preparing
for the barrister's profession inside, was a thing to which I could not
reconcile myself. Hence I could not give undivided attention to my studies.
I developed some liking for the Evidence Act, and read Mayne's Hindu
Law with deep interest, but I had not the courage to conduct a case.
I was helpless beyond words, even as the bride come fresh to her father-in-law's
house!
About this time, I took up the
case of one Mamibai. It was a 'small cause'. 'You will have to pay some
commission to the tout,' I was told. I emphatically declined.
'But even that great criminal
lawyer Mr. So-and-So, who makes three to four thousand a month, pays commission!'
'I do not need to emulate him,'
I rejoined. 'I should be content with Rs. 300 a month. Father did not get
more.'
'But those days are gone. Expenses
in Bombay have gone up frightfully. You must be businesslike.'
I was adamant. I gave no commission,
but got Mamibai's case all the same. It was an easy case. I charged Rs.
30 for my fees. The case was not likely to last longer than a day.
This was my debut in
the Small Causes Court. I appeared for the defendant and had thus to cross-examine
the plaintiff's witnesses. I stood up, but my heart sank into my boots.
My head was reeling, and I felt as though the whole court was doing likewise.
I could think of no question to ask. The judge must have laughed, and the
vakils no doubt enjoyed the spectacle. But I was past seeing anything.
I sat down and told the agent that I could not conduct the case, that he
had better engage Patel and have the fee back from me. Mr Patel was duly
engaged for Rs. 51. To him, of course, the case was child's play.
I hastened from the Court, not
knowing whether my client won or lost her case, but I was ashamed of myself,
and decided not to take up any more cases until I had courage enough to
conduct them. Indeed I did not go to Court again until I went to South
Africa. There was no virtue in my decision. I had simply made a virtue
of necessity. There would be no one so foolish as to entrust his case to
me, only to lose it!
But there was another
case in store for me at Bombay. It was a memorial to be drafted. A poor
Mussalman's land was confiscated in Porbandar. He approached me as the
worthy son of a worthy father. His case appeared to be weak, but I consented
to draft a memorial for him, the cost of printing to be borne by him. I
drafted it and read it out to friends. They approved of it, and that to
some extent made me feel confident that I was qualified enough to draft
a memorial, as indeed I really was.
My business could flourish if
I drafted memorials without any fees. But that would bring no grist to
the mill. So I thought I might take up a teacher's job. My knowledge of
English was good enough, and I should have loved to teach English to Matriculation
boys in some school. In this way I could have met part at least of the
expenses. I came across an advertisement in the papers: 'Wanted, an English
teacher to teach one hour daily. Salary Rs 75.' The advertisement was from
a famous high school. I applied for the post and was called for an interview.
I went there in high spirits, but when the principal found that I was not
a graduate, he regretfully refused me.
'But I have passed the London
Matriculation with Latin as my second language.'
'True, but we want a graduate.'
There was no help for it. I
wrung my hands in despair. My brother also felt much worried. We both came
to the conclusion that it was no use spending more time in Bombay. I should
settle in Rajkot where my brother, himself a petty pleader, could give
me some work in the shape of drafting applications and memorials. And then
as there was already a household at Rajkot, the breaking up of the one
at Bombay meant a considerable saving. I liked the suggestion. My little
establishment was thus closed after a stay of six months in Bombay.
I used to attend High Court
daily whilst in Bombay, but I cannot say that I learnt anything there.
I had not sufficient knowledge to learn much. Often I could not follow
the cases, and dozed off. There were others also who kept me company in
this, and thus lightened my load of shame. After a time, I even lost the
sense of shame, as I learnt to think that it was fashionable to doze in
the High Court.
If the present generation has
also its briefless barristers like me in Bombay, I would commend [to] them
a little practical precept about living. Although I lived in Girgaum, I
hardly ever took a carriage or a tramcar. I had made it a rule to walk
to the High Court. It took me quite forty-five minutes, and of course I
invariably returned home on foot. I had inured myself to the heat of the
sun. This walk to and from the Court saved a fair amount of money, and
when many of my friends in Bombay used to fall ill, I do not remember having
once had an illness. Even when I began to earn money, I kept up the practice
of walking to and from the office, and I am reaping the benefits of that
practice.
