UNION OF INDIA Vs. SCINDIA STEAMSHIP CO LTD

JUDGEMENT

(1.) This civil revision petition is instituted by the plaintiffs and is directed against the order dated 4-9-1978 passed by the Principal Civil Judge, Mangalore, D.K., in O. S. No 39 of 1974, on his file dismissing I. A. No. IT filed by the plaintiff under Order VI, Rule 17 CPC for amendment of the plaint.

(2.) Plaintiff-1 is the Union of India and Plaintiff-2 is the Food Corporation of India. The plaintiffs instituted a suit against the defendants for damages. It was averred in the plaint that defendant-1 (The Scindia Steamship Co. Ltd. Bombay) are the owners of the steamer 'Jalav'shnu' and are carrying on business at Mangalore through their steamer Agents, the Scindia Steam Navigation Co. Ltd , Mangalore. Defendant-1 in the plaint was described thus: 'The Scindia Steamship Co., Ltd.-, Bombay'. According to the plaintiffs, defendant-1 received on Board their vessel 'Jalavishnu' at the Port of Constantza on or about 29-12-1972 a consignment of Calcium Ammonium Nitrate-Fertiliser-consisting of 163, 386 polyethlene bags and outer Jute bags of 50 kilograms net, weighing in all 8,300,008 kilograms gross and 8,169,300 kilograms net, in apparent good order and condition, together with 1,634 empty spare bags. In respect of the said consignment, defendant-1 issued a 'Clean on Board' Bill of Lading dated Constantza, 29-12-1972, agreeing to deliver the said consignment in like good order and condition to the consignee-Ministry of Agriculture -as consignee-Food Corporation of India, as Agents to the Department of Agriculture or their assigns. The freight was duly paid. The Master of the Steamer certified that the Cargo was received on Board of the said vessel. The Steamer arrived at the Port of Mangalare on 16-2-1973 and commenced discharge of Cargo on 17-2-1973 and concluded the discharge on 3-3-1973. A considerable number of bags were observed to be wet, stained in all Cargo spaces and the materials were damaged. It is on account of the said damage that the plaintiffs have claimed in the suit damages of Rs. 55,576.16 P. The prayer column reads :

(3.) On entering appearance, defendant-2 filed its written statement. Defendant-2 pointed out in para 1 of the written statement that there is no such Company known as 'Scindia Steamship Company Limited', as stated in the title to the suit. Further defendant-2 asserted :