GOVINDPUR TEA COMPANY LIMITED Vs. GOLAK CHANDRA BEZBARUA

JUDGEMENT

(1.) This appeal by certificate issued by the High court of Assam arid Nagaland at Gauhati, which involves a pure question of fact, is devoid of any merits.

(2.) The appellant instituted a suit against the first defendant and his son for recovery of a sum of Rs. 11,524/11/9, being the value of 1,133 tea chests. The first and the second defendants are both dead and the respondents in the appeal herein are their legal representatives. In fact the second defendant son of the first defendant was only a proform-a-defendant. According to the plaintiff the first defendant was the Manager of the concern from 7/02/193 2/03/1952 and then he became the Superintendent of the concern from 31/03/195 2/12/1952.

(3.) The case of the appellant was that the first defendant had failed to account for the said quantity of tea chests and that he had delivered them to his son, the second defendant without authority. Therefore, the appellantclaimed the value of those tea chests at Rs. 15. 00 per chest including freight and 'insurance charges etc. The plaintiff further pleaded that the first defendant had admitted his liability in some of the chest accounts furnished by him to the appellant company.