JUGALDAS AMRITLAL Vs. HARILAL TALAKCHAND AND ORS.

JUDGEMENT

(1.) 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 hi 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 & 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.) AT this stage it will be worthwhile to consider the contents of Chits Exs. 84 and 85. Chit Ex. 84 is a bone of contention. Admittedly, the said chit has been written by the Munim of the plaintiff on the letter -head of the plaintiffs firm. By the said chit the plaintiff has requested defendant 5 - Mill -Company to deliver the contracted goods to the bearer of the Chit in Truck No. G. T. G. 155, and requested to give him a chit showing the weight and number of bags delivered. Ex. 85 is another chit written by the Munim of the plaintiff's firm on behalf of the plaintiff informing the manager of defendant 5 that a draft for Rs. 10,000/ - dt.2 -12 -1972, drawn on State Bank of Saurashtra, Bhavnagar has been sent, which may be credited to the plaintiffs account, and a stamp receipt may be sent. this chit Ex. 85 does not mention the particulars regarding the truck and the name of the persons with whom the chit together. with the draft had been sent.