DOMINION OF INDIA (NOW UNION OF INDIA) Vs. AMAR SINGH
HIGH COURT OF PUNJAB AND HARYANA
DOMINION OF INDIA (NOW UNION OF INDIA)
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(1.) By this order I dispose of Regular First Appeal No. 76 of 1952 and Civil Miscellaneous No. 181-D of 1954. In Civil Suit No. 169 of 1949 Shri Chetan Das, Sub-Judge 1st Class, Delhi has decreed the claim of the plaintiffs against the defendant for Rs. 80,000 with proportionate costs.
(2.) From the decree passed in Civil Suit No. 169 of 1949 the Union of India appeals under Section 96 of the
Code of Civil Procedure.
(3.) Briefly summarised the facts giving rise to Civil Suit No. 169 of 1949 are these : On the night of the 20th of August, 1947 disturbances broke out in the town of Quetta. On that the authorities fixed up two Refugee Camps in the town of Quetta, one in the Gurdwara and the other in the Arya Samaj Mandir. In the Gurdwara Camp Sardar Sarup Singh, Sardar Teja Singh, Shri Vishwa Nath, Shri Chuni Lal, Shri Sat Dev Sawney, Rai Sahib Hari Chand, Shri Jagat Ram, Shri Girdhari Lal, Shri Krishan Dev, Shri S.S. Arora, Shri Des Raj, Sardar Gurbaksh Singh, Shri Gurmukh Das Chopra, Shri Dina Nath and Sardar Gurbaksh Singh asked Sardar Amar Singh alias Mr. A.L. Arora to arrange for a wagon for the transport of their goods out of Quetta Sardar Amar Singh P.W. 22 requested Assistant Station Master Anup Singh P.W. 21 to get him a wagon. On the 3rd of September, 1947, Sardar Anup Singh informed Sardar Amar Singh on the phone that one wagon was available. On the 4th of September, 1947 Sardar Amar Singh and others went to the railway station and loaded their house hold goods in Wagon No. G.I.P. 26659 for carriage to Delhi under Parcel Way Bill No. 317909. Copy of that Parcel Way Bill, Exhibit P.50 shows Mr. A.L. Arora to be the consignor and the consignee of the goods.;
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