BASANT LAL JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by the plaintiffs arises out of a suit for recovery of a sum of Rs. 1,072/- as damages for non-delivery of a consignment of fourteen bags of green ginger.

(2.) The plaintiffs claim to be partners of a firm which carries on business under the name and style of Messrs Surajmal Naresh Kumar Jain at New Market in the town of Patna. Their case is that the pro forma defendant, Sekhar Chand Jain, despatched the consignment in question from Manipur Railway Station in Assam (Bengal Assam Railway) on the 17th February, 1951, to Hajipur Railway Station on the Oudh Tirhut Railway. Sekhar Chand Jain transferred the railway receipt to the plaintiffs. The ordinary time taken for a consignment from Manipur to reach Hajipur is about ten days. The consignment should, therefore, have reached Hajipur on or about the 27th February, 1951. The plaintiffs made a claim from the Oudh Tirhut Railway for a sum of Rs. 958/- on account of the price of the green ginger; but their claim was not satisfied. The plaintiffs instituted Money Suit No. 32 of 1952 on the 26th February, 1952, for recovery of damages for non-delivery of the consignment in question. The suit was dismissed on the 20th March, 1956, on the ground that the suit was not maintainable under Section 69 of the Indian Partnership Act, 1932, inasmuch at the alleged firm of the plaintiffs was not a registered firm. The plaintiffs allege that they got the firm registered and obtained a registration certificate (exhibit 9) on the 5th May, 1956. On this basis, they filed the present suit on the 19th May, 1956.

(3.) The Munsif, who tried the suit, dismissed it by his judgment dated the 14th December, 1959. The plaintiffs took an appeal to the District Court, and it was heard by the 3rd Additional Subordinate Judge of Muzaffarpur, who dismissed the appeal. Hence, the plaintiffs have come up to this Court.