Kapur, J. - (1.) This is a plaintiff's appeal against a judgment and decree of Mr. Zia Ullah Khan, Sub-Judge, 1st Class, Hoshiarpur, dismissing the plaintiff's suit. On the 13th August 1941, Samman Singh, appellant who was residing in Panama at the time instructed his bankers, the National City Bank of New York, to transfer a sum equivalent to Rs. 2,000/- to "Pritam Singh, Baddon, Mahilpur, Jullundur India", and signed the instructions along with the conditions which are printed at page 98 of the paper book. The Bombay branch of the National City Bank of New York instructed the Punjab National Bank, Bombay on the 16th August 1941 to remit by wire Rs. 2,000/- to their Jullundur Office to be paid to Pritam Singh, Baddon, Mahilpur, Jullundur against strict identification and receipts in duplicate. This was by a document Ex. D-2/24 at page 73. On the 19th August 1941 the Punjab National Bank, Bombay instructed by telegram their Jullundur City Branch to pay Rs. 2,000/- to Pritam Singh, Baddon, Mahilpur, on account of Samman Singh. They also instructed them to pay against strict identification and receipts in duplicate and also inform the payee that the sum had been received from Panama on account of Samman Singh. It appears that a letter was Sent by the Punjab National Bank, Jullundur to Pritam Singh, Mahilpur and was received by Pritam Singh Chhimba at Baddon who on the 26th of August 1941 received the money and executed receipts Exs. D-2/10 & D-2/11. As this Pritam Singh was not known to the Bank, Ram Lok Sharma a customer of the Bank identified Pritam Singh and wrote "I know Pritam Singh" and signed his name. That a letter was sent by the Punjab National Bank, Jullundur City, Pritam Singh, Baddon, is proved by document Ex. D-2/16 printed at page 75.
(2.) On the 9th May 1942, Samman Singh instructed the National City Bank of New York to send the equivalent of Rs. 10,0000/- by wire to Pritam Singh, Village Post Office, Baddon, district Hoshiarpur. The document which is signed is similar to the one which is signed when he sent Rs. 2,000/- previously. The conditions are printed at page 300 and are as follows: "In this transaction the funds are accepted only on the following conditions, unless it is expressly and especially agreed to the contrary in writing. The National City Bank of New York can, at its discretion convert into foreign currency the funds received from the client at the selling rate of exchange ruling at this Bank on the date on which the funds are received; the Bank's written statement according to the due entries in its books showing that such conversion has been effected being considered as decisive and final. Once this has been done, and by way of an individual transaction, the Bank shall take the necessary steps for effecting the remittance in accordance with this contract; in fulfilling it, the Bank shall be at liberty to make use of, or substitute, any correspondent, its agents or any other agency soever; but in no case shall the bank or any of its correspondents be responsible for the mutilations, interruptions, errors or delays that may occur in the Post or in the Cable Companies, Telegraphs and Wireless Telegraphs or which may be caused by any employee of such companies or brought about by any cause that may be beyond the control of the Bank or of its correspondents: the Bank not being responsible for such errors as may arise owing to the mistake, negligence or fault of any Correspondent, Sub-Agent, or any other agency soever."
(3.) By a document Ex. D-2725 printed at page 78 the National City Bank of New York at Bombay instructed the Punjab National Bank, Bombay to send by telegram Rs. 10,000/- to Pritam Singh, Village Post Office, Baddon, district Hoshiarpur, against strict identification and receipts in triplicate. The Punjab National Bank, Bombay, instructed their Hoshiarpur Branch to pay Pritam Singh Rs. 10,000/- against strict identification. On the 15th May 1942 the Punjab National Bank wrote to Pritam Singh, Village and Post Office, Baddon, informing him of the receipt of this amount of Rs. 10,000/- It will be noticed that this time nothing was mentioned about Samman Singh as there were no instructions in the original instructions of Samman Singh nor were they sent by the City Bank to the Punjab National Bank. By a letter Ex. D-1/10, the date of which is illegible. Pritam Singh wrote a letter to the City Bank at Bombay telling them that he had received a letter dated the 13th May, that as he was ill he had come for treatment to Meerut and he requested that the sum be sent to him at Punjab National Bank, Meerut, and an intimation be sent to him on the following address: "C/o Postmaster, Mayopati, via Phagwarah (Jullundur District) Sd/ PARDESI.' It will be noticed that this letter is on a sheet of paper which has got printed on the left hand corner top: "S. Pritam Singh Pardesi, Photographer.' and is signed "PARDESI" On the 27th May 1942 the City Bank by a letter Ex. D- 2/26 printed at page 81 instructed the Punjab National Bank to act in accordance with the instructions of the letter which was received by them from Pritam Singh which was quoted in full in the letter to the Punjab National Bank, Bombay. The Punjab National Bank, Bombay on the 30th of May 1942 instructed their Hoshiarpur Branch to act in accordance with the instructions which they had received i.e. that the money be paid at Meerut. The Meerut Branch then issued a payment order Ex. D-2 printed at page 82 for Rs. 10,000/- payable to Pritam Singh. This amount was paid to Pritam Singh son of Bhag Singh on the identification of one Shambu Nath on the 9th June 1942. This Shambu Nath was a Treasurer in the Meerut Branch of the Punjab National Bank.;