JAGDISH CHANDER Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The plaintiff moved this court in December, 1997 for permission to file the suit as an indigent person under Order 33 Rules 1 and 2 of the CPC. The Court granted permission by order dated 22.3.82. The plaintiff, as a consequence, tiled a suit for recovery of Gold ornaments weighing 480 Tolas i.e. 5596.80 grams deposited in safe deposit box under receipt No. 17/47 of 3.6.47 with the defendant Bank in the alternative for the price thereof amounting to Rs. 3,72,400. The plaint was subsequently amended and the plaintiff claimed recovery of the gold ornaments/jewellery or price thereof as on the date of the judgment/decree in the suit.

(2.) The brief facts of the case are that late Rai Sahib Mool Chand, father of pff. and deft. 3 to 5 and husband, of Smt. Washeshran Devi, who was arrayed as delt. No. 2 but was deleted by the Court's order as she had expired during the pendency of the suit, was an eminent civil lawyer of Peshawar (now forming part of Pakistan) in 1947. He had a very lucrative practice as an Advocate and was a regular income- tax 'payer. He was considered to be one of the wealthiest person in Peshawar and after migration from Peshawar in 1947 to India with his family at the time of partition died on April 30, 1953 in Delhi leaving behind the L.R.s entitled to his estate as referred to above. He entrusted for safe custody a sealed box containing 500 Tolas of Gold ornaments/ jewellery belonging to him with the then. The Punjab National Bank Ltd., Peshawar Cantt Branch, Peshawar of which deft. No. 1 is the successor according to the Banking Companies (A&T of U) Act, 1969. The gold ornaments/jewellery allegedly weighed 500 Tolas and were placed in the box with a list of the said articles of jewellery therein and the same was locked by the deceased himself after which the box was wrapped with a white cloth and duly stitched by deft. No. 2, since deceased, and sealed with "Lac' (sealing wax) by the deceased after which a monogram "M.C.R.S." i.e. "Mool Chand Rai Sahib" was embossed on the seals of the said box in the presence of deft. No. 2. Before handing over the said box to the Bank, deceased wrote his name on the said box. The box was given under receipt No. 17/47 dated 3.6.47 and the aforesaid Bank accepted it for safe custody as a part of its business activities for fee paid by the deceased to the said Bank for safe custody. The details of the jewellery as handed over to the Bank are referred to in para 3 of the plaint (- - -) and weighed 500 tolas.

(3.) In para 4 it is stated that after depositing tilt- sealed box containing the aforsaid jewellery/gold omamnets father of the plaintiff came to Simla in July, 1947 on a visit and stayed there for a month. In the meantime the communal disturbances took place and consequently said Rai Sahib Mool Cliand could not return to Peshawar to collect his belongings lying in his palatial bungalow and the safe deposit box deposited with the then The Punjab National Bank Ltd.