MOHANLAL SOHANLAL Vs. PANNALAL JANKIDAS

JUDGEMENT

(1.) This is an appeal by the defendants, as kartas of a joint Hindu family, from a judgment of Mr, Justice Bhagwati, dated March 27, 1946, whereby it was ordered that the plaintiff firm, who is described in the title to these proceedings, as "carrying on business as commission agents", was entitled to have an account taken, subject to certain allowances and to giving credit for payments made on account of: the actual cost price of the said 45 and 47 bales in aggregate 92 bales belonging to the defendants joint family firms of Mohanlal Sohanlal and Mohanlal Kezriwal and destroyed on account of the fire due to the explosion as mentioned in the plaint as also their commission costs charge and expenses in respect thereof rightly incurred by the plaintiffs as such commission agents of the defendants and that they are entitled to an indemnity from the defendants in respect of the said amount.

(2.) The defendants filed a counterclaim to the action whereby they claimed credit in respect of the amount of insurance against fire which they alleged the plaintiff firm ought to have taken out or alternatively damages. This counterclaim was dismissed by the learned trial Judge, and he ordered the defendants to pay three-fourths of the plaintiff's costs of the action and counterclaim.

(3.) The action and counterclaim arose out of an order given by the defendants to the plaintiff firm, on or about February 6, 1944, for the purchase of 300 bales of cloth and concerns 92 of such bales, which were in a godown rented by the plaintiff firm, and being in such godown were destroyed by fire as the result of fire caused by the explosions, which occurred in the docks of this City on April 14, 1944.