- (1.) Instant First Appeal has been filed by the defendant-appellants against the judgment and decree dated 27-2-1980 passed by the learned District Judge, Balotra in Civil Original Suit No. 06 of 1976 decreeing the suit for recovery of damages filed by plaintiff-respondent No. 1 amounting to Rs. 14,200/- with interest pendente lite till recovery.
(2.) The aforesaid suit for recovery of damages was filed by plaintiff-respondent No. 1 on the ground, inter alia, that plaintiffrespondent No. 1 delivered 14 truck receipts to appellant No. 3 on 15-7-1974 with a direction that documents should be delivered against the payment. It was alleged that the collection charges should be recovered from the drawee and bills could be detained for 30 days.
(3.) These truck receipts were dated 9-71974. The plaintiff-respondent under these truck receipts sent 'bales of clothes' to the various business organisations at Kanpur. Along with these truck receipts, the bills in the names of the various business organisations were also delivered to defendant-appellant No. 3 for collection of charges. Out of these 14 truck receipts, four of such receipts were not delivered to the respective parties, therefore, the plaintiff/respondent enquired from the office of defendant-appellant No. 3 and upon enquiry, plaintiff-respondent No. 1 received a letter from Punjab National Bank on 22-121974 that these four bills had not been received in the office of Punjab National Bank, Generalganj, Kanpur. Thereupon, the plaintiff-respondent submitted duplicate truck receipts with indemnity bond in the office of defendant-appellant No. 3, which were sent to the office of defendant-appellant No. 2, so that, the same may be delivered to the respective parties. When these four duplicate receipts were received in the office of defendant-appellant No. 2, they found that the consignment of these truck receipts had already been delivered to the holders of the truck receipts on the basis of original truck receipts on 27-7-1974. As the parties could not receive the consignments, the amount so paid by them which comes to Rs. 11,699.29 was returned to them and the plaintiff-respondent had to pay commission to the tune of Rs. 2,490/-.;