STATE OF ASSAM Vs. PANNA LAL

JUDGEMENT

(1.) This is an appeal by the Second defendant, the State of Assam, against judgment and decree of the court of the 3rd Additional Subordinate Judge, Patna, passed in a money suit filed by the plaintiff in which the first defendant was the Dominion of India and the third defendant was the India General Navigation and Railway Co, Ltd. and River Steam Navigation Co. Ltd. The suit was for a decree for Rs. 9136/12/-and the court below has decreed the suit in part for a Bum of Rs. 4063/9/- only. There is no cross-objection by the plaintiff.

(2.) Shortly stated, the plaintiff's case is that a consignment of 111 bags of chhanti masoor weighing 252 mds. 21 seers was booked by Patna Government Grain Stockists' Association from Patna Steamer Ghat to Sylhet Ghat through the third defendant on 20-7-46. The consignment was booked to self arid the bill of lading was endorsed in favour of the plaintiff's firm, Rameshwardass Pannalal. and thus the plaintiff became the holder of the said bill of lading in due course and the owner of the consignment in question. The plaintiff was informed that the consignment was seized or requisitioned by the Deputy Commissioner of Sylhet on or about 9-8-46. The plaintiff claimed compensation for the above seizure or requisition of the consignment but the same was not paid and the plaintiff had some correspondence with some authorities of the Assam Government but with no effective result and, therefore, after service of notice under Section 80 of the Code of Civil Procedure, the suit was filed for the relief stated above on account of compensation for non-delivery of the consignment in question.

(3.) The third defendant, namely, the India General Navigation and Railway Co, Ltd. and River Steam Navigation Co. Ltd. filed a written statement and inter alia stated therein that the consignment in question was requisitioned by the order of the then Additional Deputy Commissioner of Civil Supplies Department of the Government of Assam on 2-9-46 as per his memorandum order No. 11238 of the date. On 3-9-46 an officer of the department of Civil Supplies of the Government of Assam insisted and finally took delivery on behalf of the said Government of the consignment from this defendant which it could not resist. This defendant, it is said, had no option but to surrender the said consignment to the Government of Assam on account of the said seizure order and the subsequent demand for delivery. Under the terms of the contract, it was absolved from the liability for the said seizure and is not liable for the claim of the plaintiff.