NATIONAL BANK OF LAHORE LIMITED NATIONAL BANK OF LAHORE LIMITED NATIONAL BANK OF LAHORE LIMITED Vs. SOHAN LAL SAIGAL

JUDGEMENT

(1.) These appeals by special leave raise a question of limitation.

(2.) The National Bank of Lahore Limited, hereinafter called the Bank, is a banking concern registered under the Indian Companies Act and having its registered office in Delhi and branches at different places in India. Though its main business is banking, it carries on the incidental business of hiring out lockers out of cabinets in safe deposit vaults to constituents for safe custody of their jewels and other valuables. It has one such safe deposit vault at its branch in Julundur. The respondents herein hired lockers on rental basis from the Bank at Julundur through its Manager under different agreements on different dates during the year 1950. In April 1951 the said lockers were tampered with and the valuables of the respondents kept therein were removed by the Manager of the Jullundur branch of the Bank. In due course the said Manager was prosecuted before the Additional District Magistrate, Jullundur, and was convicted under Ss. 380 and 409 of the Indian Penal Code. The respondents filed 3 suits in the Court of the Subordinate Judge, Jullundur, against the Bank for the recovery of different sums on account of the loss of the valuable contents of the lockers hired by them. The Bank denied its liability on various grounds and also contended that the suits were barred by limitation.

(3.) The learned Subordinate Judge held that the Bank was liable to bear the loss incurred by the plaintiffs and that the suits were not barred by limitation. On appeal, the High Court of Punjab accepted the findings of the learned Subordinate Judges on both the questions and dismissed the appeals. The present appeals arise out of the said judgment of the High Court.