KRISHNA MARBLE GENERAL STORES Vs. AIR ASSAM

JUDGEMENT

(1.) THIS appeal is by the defendant against a money decree passed by the trial court briefly in the following circumstances :

(2.) THE plaintiff-respondent filed a suit for recovery of a sum of rs. 7,057. 25np on account of charges for carrying certain goods by steamer to a place known as Tinsukia in Assam and for demurrage for not clearing the goods lying in the go down of the plain tiff after they reached the destination on 16. 11. 57.

(3.) THE defendant, the present appellant, contested the suit mainly on the ground that one M/s. Govindaram Trilokchand were the consignors and consignees of the goods and so they were not liable for the amount as claimed. The defendant sold the goods to them but some time later it was reported that the freight receipt was lost whereupon the defendant asked the plaintiff to issue a duplicate receipt in the name of m/s. Govindaram Trilokchand as consignors and consignees, but the plaintiff neglected and failed to do so. Accordingly, the plaintiff denied categorically the entire liability to pay the amount as claimed by the plaintiff.