PANNALAL SAGORE MULL Vs. MUKHRAM RADHAKISSEN

JUDGEMENT

(1.) This is an appeal by the defendants from the judgment of my learned brother Mr. Justice Rankin.

(2.) The suit was brought to recover damages in respect of the alleged non-delivery of certain goods, bales of grey shirtings, which, it was alleged, had been sold by the defendants to the plaintiffs by a contract, dated the 23 of November, 1916, or thereabouts. The shipments by the contract were specified as January to June : but it was stated by the learned Advocate- General in opening the appeal that the period provided for shipments had been altered from January to June to April to June.

(3.) The learned Judge delivered two judgments : In the first, he dealt with the question of liability; and, in the second one he dealt with the measures of damages : And, having regard to the course which was taken by the learned Advocate-General appearing on behalf of the appellants, the appeal has been confined to two points. The first related to the damages which were awarded in respect of 25 bales representing the May shipment, and the second Related to the order of the learned Judge by which he allowed what was called "interim interest" which, I understand, means interest on the amount adjudged in respect of damages from the date of the suit to the date of the decree. Interest at the rate of 6 per cent, on the amount of the decree and running from the date of the decree was allowed, and no complaint was made by the appellants with regard to that matter, and it was with respect to the learned Judge's order by which he allowed interest at 6 per cent, on the amount of damages from the date of the suit to the date of the decree that the appeal was argued.