HALDAR JOO VISHNATH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is a first appeal by the plaintiffs from a decree passed by the Subordinate Judge, Srinagar, against defendant No. 2 and dismissing the plaintiffs suit against defendant Nos. 1 and 3. In this appeal the plaintiffs have sought a decree against defendants Nos. 1 and 3 as well.

(2.) THE plaintiffs case was that in S. 2006 they purchased 25 bags of fine Assam tea from Messrs. Nihal Chand Daulat Ram and Co. at Amritsar. According to the plaintiffs Messrs. Nihal Chand Daulat Ram handed over 25 bags of tea to the

(3.) DEFENDANT No. 1 resisted the suit on the ground that they had not authorized their Trade Agent at Amritsar to take delivery of the goods from the plaintiffs and to transmit the same to Srinagar and, therefore, they were not liable to pay any compensation for the loss suffered by the plaintiffs. Defendant No. 2 did not appear and ex parte proceedings were taken against them. An application was made by the plaintiffs on 28th Phagan 2008 for adding S. Amar Singh as one of the defendants in the suit. An issue was drawn up whether S. Amar Singh, Trade Agent was a necessary party. That issue was decided in favour of the plaintiffs on 12th Phagan 2009 and S. Amar Singh was impleaded as one of the defendants. In his written statement S. Amar Singh, defendant No. 3, pleaded that he did not take delivery of the goods, that he was not the carrier of the goods of the plaintiffs and that he was not responsible for any loss or damage for which compensation was claimed by the plaintiffs and that the suit was barred by time.