SHAH JUGALDAS AMRITLAL Vs. SHAH HARILAL TALAKCHAND

JUDGEMENT

(1.) JUDGMENT:- The present appeal is filed by the appellant (original defendant 1) against whom a decree for Rs.10,428.06 paise has been passed on 31-7-1975 by the learned Joint Civil Judge, Senior Division, Bhavnagar, in Special Civil Suit No. 77 of 1973. Respondent 1 is the original plaintiff who filed the aforesaid suit against defendants 1 to 6 (appellant and respondents 2 to 6). Since the trial Court has passed the decree only against the appellant-defendant 1, respondent 1-plaintiff has filed Cross-objections praying for a decree against all the defendants. For the purpose of this appeal the parties will be hereinafter referred to as 'the plaintiff', and 'the defendants'.

(2.) Plaintiff Harilal Talakchand Shah of Bhavnagar wanted to transfer his 70 bags of cotton waste worth about Rs.10,500/- from the factory of defendant 5 Arunodaya Mills Ltd., Morvi, to his shop at Bhavnagar. The plaintiff has alleged that on 2-12-1972 he entered into a contract with defendant 1 Jugaldas Amratlal Shah for carriage of said 70 bags of cotton-waste from Morvi to Bhavnagar at the rate of Rs.3.50 paise per bag. It was specifically agreed that defendant 1 will bring the said goods by his public carrier No. G. T. G. 155. It appears that on account of some difficulty, defendant 1 was not in a position to bring the said goods by the said truck from Morvi to Bhavnagar and, therefore, he assigned the said work to defendant 2 M/s. Devdutt and Co., a Transport Company, Sihor, and handed-over two chits written by the plaintiff to defendant 5 Mill-company to give delivery of the contracted goods which were to be carried by Public Carrier G.T. G.155. The plaintiff also sent with another chit Ex. 85 a draft for Rs.10,000/-, being the price of the contracted goods.

(3.) Defendant 4 Ramubhai Chhaganlal of Sihor is a partner of defendant 2-Company. He was formerly working with the plaintiff and had taken delivery of goods from the said Mill-company on previous occasions on behalf of the plaintiff. It appears that defendant 4 approached defendant 5 on-6-12-1972 for delivery of 70 bags belonging to the plaintiff and produced the aforesaid two chits Exs.84 and 85 and the demand draft, and asked for delivery of the contracted goods.