DHANRAJ AGARWALLA Vs. UNION OF INDIA (UOI) AND ANR.

JUDGEMENT

(1.) THIS appeal is by the Plaintiff and arises out of a suit for recovery of a sum of Rs. 3,128, together with interest pendente lite, as damages for non -delivery of certain goods.

(2.) THE case appears to have had a chequered history. The Additional Subordinate Judge, before whom the suit was filed, decreed it with proportionate costs. On appeal, the then Additional District Judge set aside the decree of the trial Court on the ground that the suit was bad for non -joinder of certain necessary parties, and remanded it for re -trial, after giving the Plaintiff an opportunity to amend his plaint.

(3.) THE suit was contested by the Dominion of India, the Defendant No. 1, representing the Assam Railway. The Defendant denies the liability for the claim. It is further stated by the Defendant that the Plaintiff had no right to sue in respect of the goods in question, and that the goods were never delivered to the railway administration of the officers thereof. The Defendant also put forward the contention that if anybody was entitled to sue in respect of the goods in question, it was the pro forma Defendant No. 2, and not the Plaintiff.