JEWAN RAM Vs. RATAN CHAND-KISHEN CHAND

JUDGEMENT

(1.) This is an appeal from the judgment of my learned brother Mr. Justice Woodroffe whereby he dismissed the plaintiff's suit on the ground that the suit was not maintainable, and that the plaint did not show a cause of action.

(2.) The original plaintiff in the suit was one Bhairodhan. His name was deleted from the suit and the present plaintiff, Jewanram, who is alleged to be the assignee of the right, title and interest of Bhairodhan, was added as a plaintiff. The defendants were Ratan Chand Kishen Chand, a firm carrying on business in piece-goods in Calcutta.

(3.) Bhairaodhan made a contract with the defendants whereby the defendants undertook to take delivery of 8 bales of dhoti in accordance with their contract. The defendants failed to take delivery in accordance with the contract and it was alleged that thereby the original plaintiff had buffered loss and damage on the re-sale of the 8 bales of dhoti. But before the re- sale the parties, that is to say, the original plaintiff Bhairodhan and the defendants, had referred the matter to the Marwari Chamber of Commerce, and the decision of the arbitrators was given on the 9 of October 1918 and the plaint alleged that the award directed that Bhairodhan should re-sell the said goods and recover the loss suffered thereby from the defendant firm as would appear from the order of the said Marwari Chamber of Commerce when produced. It then proceeded to allege that he re-sold the goods on the 9 of October the same day as the award was made and thereby realised a sum of Rs. 15,502-1 and after deducting that sum from the contract price there remained a sum of Rs. 6,716-11 ahnasi which it was alleged was due to the original plaintiff Bhairodhan in respect of the breach of contract by the defendants.