BAIJNATH SHAW Vs. CORPORATION OF CALCUTTA

JUDGEMENT

(1.) This rule is directed against a judgment passed by the Judge of the Court of Small Causes, Sealdah, in a suit brought by the Corporation of Calcutta against one Baijnath Shaw for the recovery of the sum of Rs. 69-1-6 for damage caused to a lamp post belonging to the plaintiff Corporation by a motor car alleged to be the property of the defendant. The suit in short was an action for damages for negligence. The defendant denied that he was the owner of the motor car in question. The registered number of the car was 10670 and the registered owner was Baijnath Shaw of No. 225-1, Cornwallis Street, Calcutta. It seems that the accident occurred at night. The witnesses of the occurrence were able to take the number of the car which struck the lamp-post but they apparently had no opportunity of ascertaining the name of the person driving the car at the time or of making any inquiries on the spot as to the ownership of the car. By way of defence to the plaintiff's claim the defendant, as I have stated, denied that he was the owner of the Motor Car No. 10670 or indeed of any other motor car. It is obvious that the defendant was in no wise responsible for the accident or liable for the damage caused.

(2.) The main issue and indeed the only issue "which seems to have been dealt with by the learned Judge at the trial was the plain and simple question of whether the defendant was the owner of the motor car concerned in the occurrence. It appears that there was considerable delay between the date of the accident and the institution of the suit. The occurrence took place on 3 April 1930 and the plaintiff's suit was not filed until 27 March 1931. I am informed that in the meantime the Corporation having ascertained from their own records, that the defendant appeared to be the owner of the car entered into correspondence with him as to the question of his liability. It appears that from the very outset this Baijnath Shaw denied that he was the owner of the Car No. 10670. On 13 October 1931, when presumably the plaintiff Corporation of Calcutta, were making ready for the trial of the suit a letter was sent from the Corporation to the Deputy Commissioner of Police, Motor Vehicles Department, in these terms: Re-damage to lamppost No. 16, Moyepur, Road. Dear Sir, The above lamp-post was damaged by a passing Motor Car No. 10670 on 3 April 1930. I beg to request you to let me know in whose name the above oar was registered on the date of the occurrence. An early reply will be very much appreciated.

(3.) An answer to that letter was written upon the letter itself by the Deputy Commissioner of Police, Motor Vehicles Department, in the terms: The Memo No. 12094, dated 29 October 1931. Returned in original with the intimation that the Motor Car No. 10670 is owned by Baijnath Shaw of 225-1, Cornwallis Street, since 17 August 1928.