HARISCHANDRA Vs. FIRM MURILIDHAR CHIRONJILAL AND ANR.

JUDGEMENT

(1.) THIS is Plaintiff's first appeal against the decree and judgment dated 30 -6 -1952, passed by the District Judge Indore, in C.O. Suit No. 47 of 1949. Plaintiff claimed from the two Defendants Rs. 35733/14/2 on account of damages for breach of contract. The facts are that on 29 -6 -1947 Defendant No. 2 Babulal entered into a contract with the Plaintiff for sale of 70,000 yards canvas from the goods disposed oil by the Military Department of the Government of India, at the rate of rupee one per yard. The Plaintiff paid rupees 4000/ - as advance to be adjusted towards the price. The goods were to be delivered on or before 5 -8 -1947 F. O. R. (free on rail) at Cawnpore by handing over the receipt in Calcutta. The contract Ex. P/1 is in following words:

(2.) THIS contract was signed by Babulal Defendant No. 2 on behalf of Firm Murlidhar Chironjilal Defendant No. 2 Babulal was the proprietor of the Firm Radhsham Roshanlal of Indore. It is said that the license to sell cloth in the name of this Firm was suspended by the Textile Authority and therefore the contract was executed in the name of Firm Murlidhar Chironjilal Defendant No. 1. Now, Babulal is father -in -law to Chirongilal, proprietor of Murlidhar Chironjilal, who is his son -in -law.

(3.) MR . Chitale, learned Counsel for the Appellant, strenuously urged that the finding on issue No. 1 was Incorrect and inconclusive also. The learned District Judge rightly states In the judgment, in the beginning, that It was for the Defendants to prove that booking of the stipulated canvas from Cawnpore to Calcutta was impossible up to 5th of August so as to make it Impossible for them to make the delivery of goods in terms of the contract.