UNION OF INDIA Vs. RAJKUMAR AGARWAL

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of the parties.

(2.) This petition is preferred against order passed by the II Addl. District Judge, Jalgaon whereby the petitioner's application (Exh. 71) for amendment of plaint in suit bearing Special Civil Suit No. 373 of 1997 came to be rejected with costs of Rs. 100/-.

(3.) The petitioner filed suit for recovery of damages and compensation to the tune of Rs. 95,56,972/- against the respondent for breach of contract. Admittedly, the respondent/defendant agreed to transport a transformer from Burhanpur to Deepnagar Grid Sub Station, Bhusawal. The transformer was mounted on a trailor bearing No. MWU1990 by the respondent on 25th October, 1994. The trailor had moved up to a distance of about 500 metres from the Sub Station of Burhanpur. Allegedly, due to negligence and sheer carelessness of respondent/defendant, the transformer slipped from the trailor and got heavily damaged. The defendant had executed an indemnity bond to indemnify any loss, shortages and damages caused to the said transformer. The carriage contract was breached and hence the suit for recovery of the value of the transformer and other overhead charges etc. came to be filed.