LAL CHAND Vs. JIWAT RAM

JUDGEMENT

(1.) The instant appeal stand directed against the concurrently recorded judgments and decrees by both learned Courts below, whereby, they decreed the suit of the plaintiff instituted against the defendant, wherein, he claimed recovery of a sum of Rs.70,000/- from the defendant. In sequel thereto, the defendant/appellant herein is driven to institute the instant appeal herebefore.

(2.) Briefly stated the facts of the case are that the plaintiff on 10.09.1999 had instituted a Civil Suit for recovery of Rs.70,000/- against the defendant on the allegations that the apple orchard of the plaintiff was situated in village Jahoo Deem, Sub Tehsil Nankhari. The plaintiff had been consigning his apple fruit to various parts of the country under the name and style of Kailash Orchard. The defendant had been carrying on business of forwarding of fruit from Rampur Tehsil to different parts of the country under the name and style of Best Apple Forwarding Agency. On 12.09.1996, the plaintiff had booked his 253 cases of selected royal apple as per G.R. copy Ex. PA through forwarding agency of the defendant.

(3.) The defendant contested the suit and filed written statement, wherein, he has taken preliminary objections inter alia limitation, non-joinder and maintainability. On merits, it is admitted that the defendant had received 253 apple cases of the plaintiff for delivery to M/s N.T.C. Delhi vide G.R. Ex. PA. It had been stated that when the fruit was to be loaded in the truck, the plaintiff and his men had represented for delivery of goods to M/s S.A.A. Delhi. As such, the men of the defendant had cancelled G.R. Ex.PA bearing serial No.731 and had issued G.R. No.733 in favour of the plaintiff. The defendant had carried the goods of the plaintiff from Rai Bahli and had delivered the consignment to M/S S.A.A.. The defendant had been paid freight charge and his commission in by the consignee.