BILASPUR CENTRAL CO-OPERATIVE BANK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE plaintiff is the appellant and the State of Madhya Pradesh (the defendant) is the respondent in this appeal. The suit out of which this appeal arises was filed by the plaintiff, the Bilaspur Central Co-operative Bank Ltd. , against the State of madhya Pradesh claiming Rs. 50,843-6-2 on the following facts :

(2.) AT Pendra Road, in the Bilaspur district, the Central Co-operative Bank Ltd. maintains a branch. There being no arrangement for keeping the cash of the branch, a request was made to the Inspector-General of Police for permission to keep the cash box at the end of each day in the police station house malkhana at pendra Road. The Inspector Generai of Police gave his assent and every evening the cash box properly locked and sealed used to be deposited in the police station house malkhana, and a receipt thereof used to be obtained on a Dak Book. This went on from 1949 till 11th April 1950, when the cash box duly locked and sealed was deposited in the evening but was found missing the next morning. Subsequently, the box with its hasp broken was found in a field, but the contents of the box, were missing. The police investigated the case of theft but without result, and in the end they returned the broken box and the lock to the Bank. The Bank, after serving a notice under Section 80 of the Code of Civil Procedure, brought the present suit for Rs. 46,946-7-0, which was the amount alleged to have been in the box when it was deposited, and Rs. 3,896-15-2, interest at 7 per cent per annum from 12-4-1950 till the date of suit by way of damages.

(3.) THE trial Court held that the subordinate police officers were dishonest and that the defendant was not responsible for the consequences arising from the acts of the subordinates not in the course of employment or otherwise. In the result, the trial Court dismissed the suit of the plaintiff, and hence this appeal.