LAL CHAND MADHAV DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This Letters Patent Appeal has been filed against the Judgment of learned Single Judge dated 8th April, 1976 passed in SAO No. 30/1973 setting aside the order of learned Additional District Judge, Delhi dated 28th August 1972 whereby the learned Additional District Judge, Delhi had held that the suit filed by the appellant was maintainable and had directed the learned trial court to decide the suit for damages filed against the respondents on merits,

(2.) The learned trial court by Judgment and decree dated 1st February, 1972 while deciding issue No. 5 in the suit fried by the appellant, M/s. Lal Chand Madhav Dass for damages had held that the plaintiff had no locus standi to sue the railway. The suit itself had been filed by the plaintiff for compensation for damages to the goods due to late delivery.

(3.) The lower appellate court vide its Judgment dated 28th August, 1972 in paragraph 7 thereof had held that the plaintiff was not a mere consignee but was a consignee who was also the commission agent for the consignor and who had advanced money to the consignor and was to charge commission on sale of the consignment and in this way had interest in the consignment and, accordingly, held that the plaintiff had locus standi to file the suit.