FIRM SIREMAL DHINGARMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal directed against the judgment and decree dated the 19th February, 1959 of the District Judge, Jodhpur in a suit for the recovery of a sum of Rs. 550/- by way of compensation.

(2.) THE circumstances which give rise to the present controversy are these; On 3rd July, 1949 the plaintiff consigned a parcel containing cloth from Jodhpur to Bhinmal. THE Anti-corruption Department suspected that the cloth contained in the parcel was mill-made or power loom manufactured and therefore, it seized the same. Eventually on 25th May, 1953 the Deputy Commissioner released the entire cloth. THE plaintiff was informed of the same on 24th June, 1953. Some cloth was returned to the plaintiff earlier but a part of the consignment remained undelivered despite demand. THErefore, the plaintiff instituted a suit on 5th July, 1956 for the recovery of a sum of Rs. 527/12/-by way of price of the cloth not delivered and Rs. 22/4/-by way of interest. THE learned Munsiff dismissed the suit holding it barred by time under Art. 29 of the Indian Limitation Act, 1908. THE plaintiff preferred an appeal. THE learned District Judge, Jodhpur, concurred with the conclusions arrived at by the Munsiff and dismissed the appeal. THE plaintiff has now come up in second appeal.