SREE NARAYAN TRANSPORT Vs. SHA MOHAN LAL MUKESH KUMAR

JUDGEMENT

(1.) Plaintiff-respondent filed S.C. Suit No. 1494 of 1968 before the Judge of the Small Causes Court, Bangalore, for recovery of Rs. 452 from the defendant-petitioner, the cause of action being non-delivery of the goods to the plaintiff at Bangalore City, the goods having been booked from Parli to be delivered at Bangalore.

(2.) The defendant-petitioner contended that the suit was not maintainable in the Court of Small Causes, Bangalore, as it has no jurisdiction to try the suit by virtue of the terms of clause 16 of the forwarding note. He also contended that the claim of the plaintiff is false and imaginary and it is subject to the maximum Rs.100 as per the terms and conditions of the forwarding note. He also contended that he was not liable to pay any interest as claimed by the plaintiff. He further contended that the goods were consigned by the plaintiff at his risk and not the carrier's risk and pleaded that the plaintiff is not entitled to hold them responsible for the loss, damage, delay etc., of the consignment.

(3.) After considering the question of jurisdiction and also the merits of the case, the learned Judge passed the decree as prayed for by the plaintiff. It is against this judgment and decree that the defendant has filed this revision petition under S.18 of the Mysore Small Causes Court Act, 1964.