RIDHIKARAN RAMADHIN Vs. FRENCH MOTOR CAR COMPANY LTD

JUDGEMENT

(1.) This Second Appeal by the plaintiff is against the reversing judgment of the Subordinate Judge of Berhampur dismissing the suit against the first defendant in the appeal by it against the judgment of the District Munsif, Berhampur, decreeing the suit against all the three defendants.

(2.) The first defendant is the French Motor Car Company Ltd., which carries on some business in Calcutta in motor cars, spare parts and accessories. The Second defendant, the Ganjam Automobiles Ltd., is a firm dealing in motor cars, etc., in Vizianagram and is represented by the third defendant. The plaintiff is a firm at Berhampur under the name and style of Messrs. Ridhikaran Ramadin.

(3.) The plaintiff's case is that the third defendant who is the agent of the first defendant Company carries on some business under the name and style of the Ganjam Automobiles Ltd., that he approached the plaintiff at Berhampur and booked an order as agent of the first defendant on 21-6-57 agreeing to supply one Bedford Truck, 157 wheel-base chassis for Rs. 8660/- and wanted an advance of Rs. 1000/-; that the plaintiff gave the draft No. CXY 444737 in the name of the first defendant Company and the truck was agreed to be supplied by the first week of July and as the truck was not supplied as agreed upon, he files the suit for recovery of a sum of Rs. 1210/- including interest at the rate of 12 per cent, per annum from all the defendants.