RAMESH CHANDRA AND BROTHERS Vs. DURGA OIL MILLS

JUDGEMENT

(1.) By this first appeal under Section 96 of the Code of Civil Procedure, 1908 (for short 'Code'), appellant has challenged legality and propriety of the judgment and decree 3.2.1992 passed by Second Additional District Judge Raigarh in Civil Suit No. 58/83 whereby learned Additional District Judge has dismissed claim of Rs. 89212.50 along with interest.

(2.) As per plaint allegation, plaintiff a registered partnership firm carries business as general merchants, commission agents and manufacturers and used to purchase and sell oil cake on their behalf and on behalf of their constituents. One partner Ramesh Chandra Dhanji Somaiyya is authorized to sign and verified the plaint. Defendant No. 1 M/s Durga Oil Mills, Raigarh carries business of manufacturing of edible oils. On 7.12.1992, respondent No. 1 agreed to sell to plaintiff falli oil cake + sengdana oil cake. Procedure for delivery was Raigarh Bilty Cut. Consign was required to despatch to BPTG Grain Depot. Same was despatched vide R.R.Nos.881070, 881071 and 881074 dated 10.12.1972 and 12.12.1972 from Kotharaliya to Vikhroli. Defendant No. 1 has drawn hundi dated 13.12.1972 in respect of aforesaid goods for Rs. 18,200/- from plaintiff. On 14.12.1972, again defendant No. 1 entered into contract for selling falli cake, same was also despatched vide R.R. Nos.881080, 881081 and 881082 dated 13.12.1972 from Kothrliya to Vikhroli. Plaintiff has also paid Rs. 20,100/- to defendant No. 1.

(3.) Defendant No. 2 also carries business of oil cake along with other business, defendant No. 2 also entered into contract with plaintiff on 8.12.1972 and sold oil cake. Plaintiff paid Rs. 24,187.50 to defendant No. 2. Plaintiff despatched the consign through railway by R.R. to endorsee i.e. to M/s BPTG and Godrej Boyce, Bombay and goods were required to be delivered as per contract with plaintiff. Goods were not delivered in time, then plaintiff served notice upon Union of India defendant No. 3. Then plaintiff came to know that goods were detained at Raigarh by order of the Collector, Raigarh and goods were unloaded on platform of Raigarh Railway Station. Police Officer gave goods in Supurdnama on 30.5.1973 to Dulichand Ramkuwar Agrawal for defendant No. 2, Jagdishprasad Keshavprasad Sharma and Satyanarayan for defendant No. 1. Goods were detained by the State of Madhya Pradesh on the basis of Government Notification dated 23.12.1972 and 25.12.1972, but ban was lifted on 15.4.1973. On the aforesaid basis, plaintiff has filed suit for recovery of aforesaid amount which he has paid to defendants No. 1 and 2 along with interest.