I.M.Quddusi, J. - (1.) This revision has been filed against the order dated 1.1.2000 passed by Upper Civil Judge (Senior Division) Vth, Unnao in Regular Suit Wo. 420 of 1997, Amin Sons v. Shyam Transport, by which valuation of said suit had been made at Rs. 3,19,916.00 and direction had been Issued to the plaintiff-revisionist to deposit court-fee according to the said valuation.
(2.) The brief facts of the case are that the revisionist is a limited company, which is registered under the Companies Act. A Regular Suit bearing No. 420 of 1997 was filed by the revisionist for mandatory injunction, in which the following reliefs were sought : (1) A decree of mandatory injunction be passed in favour of the plaintiff against the defendant and the defendant, its officers, employees, agents and representatives may kindly be directed either to return the goods, description of which are given in para 4 of the plaint In the perfect condition within stipulated time fixed by this Court or they should be directed to pay costs of the said goods along with Interest @ 24% p.a. with quarterly rests along with damages, otherwise they should be compelled to comply the decree. (2) The costs of the suit may kindly be awarded to the plaintiff against the defendant. (3) Any other suitable and proper relief which this Court may deem/think fit and proper may kindly be awarded in favour of the plaintiff as against the defendant.
(3.) It was alleged in the suit that leather was sent to the purchaser, namely, A.C.M.E. Fabrics Plast Company, Gwalior through defendant-transport company on different dates, the total amount of which comes to 3,19.916.00 and it was the duty on the shoulders of the defendants to deliver the consignment to the person concerned only after obtaining original papers from the purchaser, but they have delivered the said goods without obtaining the original bills from the purchaser, and purchaser also did not pay the price of the goods to the plaintiff. The plaintiff had neither received the payment of the said consignment nor the defendant had returned the said goods to the plaintiff, but they had delivered the same to the said purchaser without any information to the plaintiff. Hence the defendant and his officers, representatives, agents are liable either to return the goods to the plaintiff which were sent through them or to pay the price of the said goods along with interest and damages caused to the plaintiff due to their negligence and mala fide acts. On behalf of defendant, objections were filed to the effect that the suit was undervalued.;