GLENMORGAN TEA ESTATES COMPANY A REGISTERED PARTNERSHIP FIRM OWNER OF GLENMORGAN TEA ESTATES Vs. PHILIP MATHEW

JUDGEMENT

(1.) PLAINTIFFS 1 and 2 who were non suited by the judgment and decree dated 11th September, 1986, made in O.S.No.72 of 1985, by the learned District Judge of Uthagamandalam, are the appellants in this first appeal. Being aggrieved by the dismissal of the suit, the plaintiffs in the suit have preferred the present appeal.

(2.) HEARD Mr.K.Padmanabhan, learned counsel for M/s.Kurian Associates appearing for the appellants and none appears for the respondent.

(3.) THE defendant specifically pleaded that the damage caused to the consignment is due to act of God. According to the defendant the roads were flooded due to unexpected and unprecedented heavy downpour and water had sopped underneath floor of the lorry and the defendant is not bound to comply with the unjust demand of the plaintiffs on the damage if any caused to the consignment being an act of God the defendant is exonerated of its liability.