RAM GULAM Vs. GOVERNMENT OF U P

JUDGEMENT

(1.) The suit giving rise to this application in revision was instituted by the plaintiffs applicants against the Government of United Provinces for the recovery of certain ornaments, and in the alternative for the recovery of Rs. 599.4/- of their price.

(2.) These ornaments were stolen from the house of the plaintiffs. They were recovered from another house, on a search made by the police and seized as stolen property, in exercise of powers conferred in that behalf by the Code of Criminal Procedure. They were produced as exhibits at the trial of those, who were prosecuted in connection with the theft. They were accordingly kept in the Collectorate Malkhana, from where they were again stolen, and are now untraceable. The plaintiffs applied unsuccessfully to the Magistrate for an order for their restoration to them and then instituted the present suit, which was dismissed on the finding that the Government was not liable to compensate the plaintiffs.

(3.) It appears that the claim for the return of the ornaments was not pressed before the Court below, as indeed it could not be pressed for want of any cause of action, disclosed in the plaint. After reciting the facts mentioned above, except the theft at the Malkhana, the plaint went on to allege that the plaintiffs have learnt that the ornaments are not available at the Malkhana, on account of the negligence of the defendant's servants, and that they have not been returned inspite of notice and ended with prayer for the aforesaid alternative reliefs.