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1959 Supreme(Pat) 47

SHIB CHANDRA PRASAD
Johari Lal – Appellant
Versus
Bihar State Co Operative Bank Ltd. – Respondent


Judgment

Shib Chandra Prasad, J.

1. The plaintiffs are the appellants. They have appealed against the judgment of the District Judge of Purnea reversing a decision of the Munsif of Kishanganj in a suit filed by the plaintiffs-appellants for realisation of Rs. 594-6-0 from defendant No. 1, the Bihar State Co-operative Bank, Ltd.

2. The plaintiffs case was that plaintiff No. 1 was the proprieor of the firm plaintiff No. 2. The plaintiffs had ordered 900 bags of salt to be supplied by defendant No. 1, the agreed rate between the parties being Rs. 6-8-6 per bag of 2 maunds, This agreement was arrived at some time in April or May, 1950. Defendant No. 1 supplied the commodity in three consignments and for realisation of the price, railway receipts were sent to the plaintiffs through the Central Bank of India, Kishanganj Branch. The three consignments had been rent under invoice Nos. 4980. dated 13-11-1950, 5345, dated 13-12-1950, and 5390, dated 19-12-1950.

The railway receipts were dated 10-11-1950, 11-12-1950 and 16-12-1950. It may also be mentioned that the plaintiffs had paid Rs. 1,200.00 in advance. The plaintiffs contended that when the railway receipts were made over to them by the





























































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