K C MADAN LAL AND CO Vs. JULLUNDUR EX SERVICEMAN MOTOR TRANSPORT CO OPERATIVE SOCIETY LIMITED

JUDGEMENT

(1.) A suit brought by Messrs K. C. Madanlal & Co., Sadar Bazar, Delhi, a registered partnership firm through its partner Kapur Chand Jain, for recovering Rs. 780.00 from the Jullundur Ex-Servicemen Motor Transport Co-operative Society Limited Jullundur (hereinafter referred to as the Transport Company) and Messrs Beauty Palace, Hoshiarpur (respondents I and 2) was dismissed by Shri A.N. Aggarwal, Adeitional Juage Small Cause Court. Against the order of Shri Aggarwal the plaintiff-firm filed the present revision, under section 25 of the Provincial Small Cause Court Act.

(2.) I he facts cf the case are very simple. Messrs K. C. Madan Lal & Co. called for facility of reference as the petitioner, had on receiving an order from Messrs Beauty Palace, Hoshiarpur, delivered on the 27th May, 1960, two packages containing general merchandise goods at the Delhi office of the Transport Company for being carried to Hoshiarpur. The goocd's were booked as per goods receipt No. 29403. In the receipt the consignee was shown as "self".

(3.) The delivery was to be taken by Messrs Beauty Palace after get ting the goods receipt from the Hoshiarpur branch of the Punjab National Bank on payment of price of the goods. The petitioner, therefore, sent the goods receipt to that branch of the bank alongwith a Hundi drawn for Rs. 692.60.