D.Basu, J. - (1.) This appeal arises out of a suit for damages, brought by respondent No.1, for the destruction of his motor car owing to the alleged negligence of the Poddar Automobiles, defendant No.2, to whom it was given for repairs.
(2.) Respondent No.1, a foreigner, who was, for the time being residing at Kalimpong, delivered his 1952 model Dodge Coronet Fluid Drive Sedan Body motor car for repairs to defendant No.2, who had their repairing garage near Siliguri town, on October 23, 1953.While the car was thus in the custody of the said defendant, it was burnt by fire on the midnight of 6.11.53. Respondent No.1 brought this suit on the allegation that the fire, which had reduced his car into a mass of scrap and rendered it useless, had been caused by the negligence of the garage (defendant No.2) and its employees. He tentatively claimed Rs.23,000/- as damages, craving leave to pay any additional Court-fee on any higher amount that might be eventually assessed by the Court on that account.
(3.) The suit was originally brought against two defendants. The Poddar Automobiles (defendant No.2), describing it as a firm, carrying on the business of automobile repairers, and defendant No. 1, describing him as the managing partner of the firm, named as defendant No.2. Defendants Nos.1 and 2, in their written statement, pleaded, inter alia, that the plaintiff had no cause of action against them and that the garage, known as the Poddar Automobiles, was not a firm but was owned by a Joint Stock Company, of which Messrs. Joynarain Ramchandar were the managing agents and defendant No.1, happened to be a partner of the said firm of managing agents. Particulars regarding the owner company and the managing agents were not given in the written statement but were subsequently supplied after the plaintiff had sought for particulars. The plaintiff, thereupon, added defendants Nos.3 and 4 by his petition of amendment of plaint, dated 20.5.54, without striking off defendants Nos.1 and 2. Defendant No.3 is the Calcutta Credit Corpn. Ltd. and defendant No.4 is the firm Joynarain Ramchandar, the managing agents thereof.;