SATHYANARAYANA TRADING CO Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) Civil Revision Petition Nos. 710 and 711 of 1982 by the plaintiffs are directed against the order dated 3-11-1981 passed by the Principal Civil Judge, Mysore, in O.S. Nos. 163 of 1976 and 205 of 1976 dismissing the applications filed by the plaintiffs under Order 14 Rule 5 read with Section 151 C.P.C. and refusing to recast the issue. Civil Revision Petition No. 712 of 1982 by the plaintiff is directed against the order dated 3-11-1981 passed by the Principal Civil Judge, Mysore, in O.S. No. 159 of 1976 deleting the issue.

(2.) The common facts in all these three cases are thus : The plaintiff in each case placed an order for delivery of some quantity of Methy with defendant-3. Defendant-3 consigned the goods in question to the out agency defendant-2 whose duty is to hand over the goods to defendant-1 for carriage and delivery to the consignee plaintiff in each case. According to the plaintiff, on production of the railway receipts, the goods were not delivered to him. Hence the plaintiff in each case filed the suit for recovering damages.

(3.) Defendant-1 Railway administration contended that the consignor defendant-3 and the out agency defendant-2 had conspired together and the consignor defendant-3 had not actually delivered the goods to defendant-2 and that dafendant-2 in turn had not sent the goods to the railway administration for carrying them to the destination. Thus, in short, the railway administration-defendant-1 contended that it was a case of fraud perpetrated by defendants-2 and 3 in conspiracy with each other.