THE GOVERNOR-GENERAL OF INDIA IN COUNCIL Vs. JESRAJ TILOKCHAND LABHCHAND AND ORS.

JUDGEMENT

(1.) THIS is an appeal from the judgment and decree of the Additional Subordinate Judge, A. V. D. dated 29th March 1946, by which he decreed the plaintiffs' suit for a sum of Rs. 20,078 -7 -0 with costs against defendant 1 and 2 and awarded interest at the rate of 6 p.c. p. a. from the date of the decree till realisation.

(2.) THE plaintiffs Messrs. Jesraj Tilakchand Labhohard, brought a suit for the recovery of a sum of Rs.. 20,073 -7 -0 as compensation from defendants 1 and 2 for the loss sustained by them by reason of the non -delivery of certain goods carried by defendant 2 a State Railway, controlled by defendant 1.

(3.) A joint written statement was filed by defendants 1 and 2, in which they contended that the plaintiffs had no cause of action and denied the averments made in para 1 of the plaint, and disputed the plaintiffs' title to the consignment. They also contended that as the plaintiff firm was not registered under the Indian Partnership Act, the suit was liable to be dismissed, and disputed the validity of the notice served upon them under Section 77, Railways Act, and Section 80, Code of Civil Procedure.; in any case, they contended that the claim was highly exaggerated, and put the plaintiffs to proof.