MISRIMAL Vs. MODA

JUDGEMENT

(1.) THIS is a revision by the plaintiffs against an order of the Civil Judge, Balotra, dismissing an appeal against the order of the Munsif Balotra, directing return of the plaint for presentation to a proper court.

(2.) THE petitioners filed a suit against the opposite party in the court of Munsif Balotra on the allegations that plaintiffs Nos. 1 to 4 had entrusted a certain stack of hay to the defendant on Posh Sudi 12 Smt. 1998 at Baitu under an agreement of that date and later on sold half share of that stack to plaintiffs Nos. 5 and 6 by executing a deed at Balotra on Baisakh Sudi 15 Smt 2002 and thereafter when the plaintiffs asked the defendant to hand back the stack of hay on Baisakh Sudi 15, Smt. 2002, he failed to do so. Plaintiffs claimed Rs. 400/- as damages on account of what they alleged to be the wrongful conversion of goods. THE relevant portion of para 3 of the plaint on which the two courts have passed their order is as follows: - "when the plaintiffs demanded the stack of hay, the defendant neither complied with the terms of his agreement nor handed over the stack of hay and by this committed wrongful conversion for which the defendant is responsible to pay the current price of the goods to the plaintiffs which amounted to Rs. 400/. " THE English words 'wrongful conversion' are mentioned in that paragraph of the plaint which is otherwise in Hindi. THE relevant portion of the agreement of Smt. 1998 Ex. P- referred to in the plaint is as follows : - "this document executed by Moda of Baitu in favour of Pratap Mal, Misrimal, Kesrimal and Sohan Raj : whereas I have today given you one stack of hay towards payment of my debt and it is lying to the west of my Dhani, it is (now) yours. But I shall keep watch over it and will cover it. If it is spoiled by rains or eaten away by animals I shall pay its price. I am responsible for it and if any damage occurs,'i shall pay it. "