V. RAJA RAO Vs. A.P.T. COMPANY

JUDGEMENT

(1.) This is a revision petition directed against the Judgment of the Subordinate Judge, Vijaywada given on 22.1.1964 where by the learned Judge returned the plaint for its presentation to the proper court at Madras.

(2.) The necessary facts are that M/s. Dumex Private Ltd., has its head office at Madras. The company consigned two cases of medicines to the plaintiff to be delivered at Vijayawada as per the goods consignment note no. 14345 dated 17-1-61 along with another case covered by another lorry receipt by entrusting the same to the defendant's lorry authorities at Madras. The goods consignment notes were duly assigned in favour of the plaintiff. The plaintiff presenting these notes tried to take delivery of the two cases sent by M/s. Dumex and co. The lorry office at Vijayawada delivered only one case and did not deliver the order. On a letter being addressed to the lorry office, the reply was that attempts were made to trace the second case and the moment it was traced, it would be delivered. Inspite of some lapse of time, it was not delivered. The plaintiff who was the consignee of the two cases of medicines, instituted the suit for recovery of compensation for the goods lost because of the negligence of the lorry office against the defendant.

(3.) One of the defences set up by the defendant was that the Subordinate Judge's court at Vijayawada had no jurisdiction to entertain the suit in view of Exhibit B.2 a receipt executed by the defendant in favour of M/s. Dumex and co.