UNION OF INDIA Vs. GANPATRAI SAGARMULL

JUDGEMENT

(1.) The respondents Messrs. Ganpatrai Sagarmull and K. P. Ramaswami Nadar, as plaintiffs in the Court of the first instance, filed Suit No. 456 of 1965 against Union of India, the defendant in the suit and the appellant before us, for a decree for Rs. 10,017/- in favour of either or alternatively, an enquiry into demages and a decree for such sum as might be found due, interests, costs and other reliefs.

(2.) The respondents case as stated in the plaint was as follows:-- The respondent No. 1, Ganpatrai Sagarmull acted as a commission agent of the respondent No. 2, K. P. Ramaswami, that in any event if the respondent No. 1 was not competent to maintain the suit, the respondent No. 2 was entitled to the said sum by way of damages for non-delivery. After service of the due notices under Section 77 of the Railways Act, 1890 and Section 80 of C. P. C. the respondents on or about 16th March, 1965 filed the said suit against the appellant in the ordinary original civil jurisdiction of this Court.

(3.) The written statement filed on behalf of the appellant (who was the defendant in the trial Court) mainly consists of denials, It was alleged that in view of the assignment of the Railway Receipt and the passing of property in the goods thereby by the respondent No. 2 in favour of the said K. P. Rama-swamy Nadar Sons & Co., the respondent No. 2 ceased to have any right, title or interest in the said Railway Receipt or the goods thereunder. Therefore, the respondent No. 2 was not entitled to and could not maintain the action or claim any relief on the said Railway Receipt or in respect of the goods thereunder.