- (1.) This Rule raises a question of interpretation of Section 113(2) of the Calcutta Port Act, 1890.
(2.) The matter was considered by Chunder J. in Ghasiram Lachminarayan v. Commissioner for the Port of Calcutta Unreported decision of Chunder J. in Civil Rules 2866 of 1951 dated September 5, 1951. Chunder J. took a particular view of Section 113(2). Thereafter, the matter was considered by a Division Bench of this Court consisting of Das Gupta and Debabrata Mookerjee, JJ. This was in The Commissioners for the Port of Calcutta v. Ghasiram Lachminarayan in a firm Unreported decision of Das Gupta and Debabrata Mookerjee, JJ. in Civil Rules Nos. 2901, 2902 and 3011 of 1953 dated April 29, 1953. In these cases, a contrary view appears to have been taken of the said section. This latter decision, however, being a Bench decision must be taken to be binding upon me, sitting singly. Before their Lordships Das Gupta and Debabrata Mookerjee JJ., the decision of Chunder J. was cited, but the view which had found favour with the learned Judge in the earlier case apparently was not accepted by the Division Bench. The present case, therefore, must be decided in the light of later Bench decision, noticed above.
(3.) The relevant facts, which led up to the present Rule, are as follows: Ten bags of Gum Gopal arrived at the Calcutta Port per S.S. "Sangola". They were landed in the Port on October 28, 1952. On the 30th October, a detention order was issued by the Customs Authorities in respect of one of the bags and, on November 1, 1952, the present Plaintiffs, who were the consignees of the bags in question, took delivery of the remaining nine bags. After the period of detention, from October 30, 1952, to November 20, 1952, had expired, the Plaintiffs applied for delivery of the remaining one bag. This was on November 27, 1952, and a reminder or fresh requisition was sent by them on or about December 12, 1952. The Defendants, the Port Commissioners, intimated to the Plaintiffs, by their letter, dated January 27, 1953, that the bag in question was missing from the shed. Thereafter, the present suit was brought by the Plaintiffs seeking to recover from the Defendants, the Commissioners for the Port of Calcutta, the sum of Rs. 196-15 for the value of the said missing bag for non-delivery of the same.;