CHAUDHARI AMIR ULLAH AND ANOTHER Vs. CENTRAL GOVERNMENT (INDIA DOMINION) THROUGH THE SECRETARY, INDIAN POSTS AND TELEGRAPHS DEPARTMENTS, AND ANOTHER

JUDGEMENT

(1.) This is a second appeal by the plaintiffs Choudhri Amir Ullah and Hafiz Abdul Rahman. They sued only the Central Government (Indian Dominion) through the Secretary Indian Posts and Telegraphs Department. Subsequently, they impleaded as defendant firm Haji Peer Mohammad Shamshuddin of Sadar Bazar New Delhi as then carrying on business in Pakistan through the Manager of the firm.

(2.) On 11-6-1947 currency notes of Rs. 1,0001- were remitted in an insured cover from the Sadar Bazar Post Office Delhi to the plaintiffs at Shahjahanpur. The insured cover was not delivered to the addressees. Thereupon the plaintiffs filed the present suit in the court of the Munsif of Shahjahanpur for recovery of the amount from the Central Government. Under Sec. 33 of the Indian Post Offices Act (VI of 1898) the liability for compensation in respect of postal articles insured is to the sender thereon. The plaintiffs alleged in the plaint that the said firm was only the ostensible sender, the real senders being the plaintiffs themselves.

(3.) Against the Central Government the trial court decreed the suit holding that the real senders were the plaintiffs. The suit had proceeded ex parte against the defendant firm in Pakistan. On an appeal by the Central Government the learned Civil Judge of Shahjahanpur dismissed the suit reversing the said finding of the trial court. The lower appellate court was of the view that the ostensible sender was the real one. An alternative plea taken on behalf of the plaintiffs, namely, that they were in any case entitled to a decree as beneficiaries under a trust, was also not accepted by the lower appellate court. The plaintiffs have now come up in second appeal to this Court.