RAJMAL PAHAR CHAND Vs. DOMINION OF INDIA
HIGH COURT OF PUNJAB AND HARYANA
RAJMAL PAHAR CHAND
DOMINION OF INDIA
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Kapur, J. -
(1.) These are four appeals brought by the plaintiff against appellate decrees of District Judge T. C. Sethi confirming the decrees of the trial Court dismissing the various suits for. recovery of money on account of compensation for non-delivery of goods.
(2.) Eleven suits were brought by the plaintiff firm against the Railway claiming various sums of money as compensation for non-delivery of goods sent from Karachi to Khasa on various dates from the months of March 1947 to July 1947. All the suits were dismissed, but the plaintiffs have only brought second appeals in four suits which are Suit No. 365 of 1949, in which the goods were despatched from Karachi on 30-7-1947, Suit No. 366 of 1949 and Suit No. 368 of 1942 in both of which the goods wore despatched on 31-7-1947, and Suit No. 372 of 1949 in which the goods were sent on 30-7-1947. The goods were sent by various Railway Receipts, the consignor and consignee was the Punjab National Bank Limited, and the Railway Receipts were endorsed in favour of the plaintiffs. In the Courts below a question as to the 'locus standi' of the plaintiffs was raised but that has not been agitated before us.
(3.) There are two sets of defendants (1) the Railway and (2) the Insurance Company who are defendant No. 2 with whom the goods were insured. The Railway pleaded bar of time and that has been given effect to by the Courts below. Defendant No. 2, the Insurance Company, pleaded that they were not liable on the policy and I shall deal with their written statement a little later.;
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