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1958 Supreme(Pat) 72

S.C.PRASAD, S.C.MISRA
Chetandas Gulabchand – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.C.Misra, J.

1. This is an appeal by the plaintiffs who are a registered firm having their principal place of business at Purnea with branches at various places within the district of Purnea. The suit was instituted for realisation of a sum of Rs. 15,895/-, which represented the value of 18 bales of cloth, together with interest thereon and loss of profit, in the following circumstances.

2. The plaintiffs are dealers in textile goods and also acted as importers of cloth for the sadar sub-division of the district of Purnea and held a licence from the Government of Bihar for that purpose. The plaintiffs accordingly ordered purchase of cloth in different parts of the country. In the year 1945, there was restriction on the carriage of goods to Purnea by railway through Karha Gola and, accordingly, the plaintiffs arranged to get their consignment of cloth through Nirmali railway station in the district of Bhagalpur. The arrangement was that delivery of the consignment would be taken at Ninnali and thereafter it would be taken to Purnea by boat and bullock carts. 18 bales of cloth were received accordingly at the Nirmali railway station and the plaintiffs men went to take delive































































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