C.B.Bhargava, J. - (1.)This is a plaintiffs' appeal against the judgment and decree of the learned Civil Judge, Alwar dated 4th April 1955 dismissing their suit for recovery of Rs. 5461/-.
(2.)The suit was filed initially on 28th January, 1953 in the Court of Civil Judge, Jaipur against the respondent. The learned Civil Judge, Jaipur returned the plaint for presentation to the proper court on 4-10-1954. It was again filed in the Court of Civil Judge, Alwar on 11-11-1954.
(3.)The plaintiffs' case was that they were members of a joint Hindu family and were carrying on their business at Talora, District Bogra now in East Pakistan. On 3-8-1942 they had booked a consignment of betel-nuts weighing 43 maunds 16 seers from Talora to Jaipur. The consignment never reached its destination and therefore, the plaintiffs suffered a loss of Rs. 3038/- on account of the nondelivery of the goods. The suit for the recovery of this amount was filed in the court of the Sub-Judge, Bogra who dismissed the suit, On appeal the suit was decreed by the learned District Judge, Bogra on 31-11947. The defendant filed an appeal before the High Court which was disallowed by the High Court, Dacca on 22-1-1952. The plaintiffs, therefore, claimed Rs. 5461/- which included Rs. 3038/- the price of the goods and costs of litigation and future interest from 31-1-1947 to 28-1-1953. The plaintiffs further claimed the benefit of Section 14 of the Indian Limitation Act for the period spent in prosecuting the suit in the court of the Civil Judge, Jaipur from 28-1-1953 to 4-11-1954 as under Section 4 of the Indian Independence Pakistan Courts (Pending Proceedings) Act (No. IX of 1952) (hereinafter called the Act) the suit could be filed within one year from the commencement of the Act or within one year from the date of the decree, whichever was later, and the present suit had been filed beyond that period.
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