STATE OF PUNJAB Vs. WENGERS AND CO
LAWS(P&H)-1957-12-15
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 23,1957

STATE OF PUNJAB Appellant
VERSUS
WENGERS AND CO. ETC. Respondents

JUDGEMENT

D.Falshaw, J. - (1.) The facts giving rise to this revision petition filed originally by the Patiala and East Punjab States Union, of which the place has now been taken by the State of Punjab since the merger last year, are as follows :
(2.) The Raja of Kalsia State was to be installed on the throne on 17-3-1948 and in that connection the Council of Administration of Kalsia State engaged the services of Messrs. Wengers and Co. of New Delhi for carrying out the necessary catering arrangements from the 16th to the 18th of March and an advance payment of Rs. 1,000/-was made on 8-3-1948. For some reason or other it was decided to postpone the installation and the Council of Administration informed Messrs. Wengers and Co. about this postponement by a letter dated 11-3-1948. Thereafter the firm was informed that the ceremony would have to be postponed till November or December and a request was made for the return of Rs. 1,000/-. The Patiala and East Punjab States Union in which Kalsia State was merged came into existence on 20-8-1948, and in consequence of this it was decided to abandon altogether the festivities in connection with the installation of the Ruler. Ultimately, after the firm had refused to refund the money, the present suit was instituted in the Small Cause Court at Delhi by the Patiala and East Punjab States Union on 27-11-1953.
(3.) The defendants, the firm Messrs. Wengers and Co. and its proprietor Mr. B. M. Tandon, contested the suit on the ground that it was barred by time. This contention prevailed and the suit was dismissed by the order now challenged.;


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