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1961 Supreme(Pat) 25

KANHAIYA SINGH, RAM RATNA SINGH
Lakshmi Narain – Appellant
Versus
Union Of India – Respondent


Judgment

Kanhaiya Singh, J.

1. This is an appeal by the plaintiff from the judgment of the Additional Subordinate Judge, Ranchi, dated 8th August, 1955, dismissing his suit for recovery of Rs.24,000 from the Union of India, defendant 1, on account of non-delivery of eight insured covers.

2. Shortly put, the facts are these. The plaintiff, Lakshmi Narain, carries on business under the name and style of Lakshminarain Ramnarain. Ram Narain is his brother. This firm carries on four types of business, distillery, foreign liquor, shellac and out-still. Defendant 2 is another firm called Parsadi Lal Ram Das, carrying on business at Lalitpur in the State of Uttar Pradesh. In April 1950, defendant 2 sold to the plaintiff Mahua for distillation worth Rs.42,000. The consignment was despatched to Manindragarh and Chirmuri. Kalika Prasad, the Manager of the plaintiff, paid defendant 2 in cash Rs.17,000 at the time of purchase, and the balance of Rs.25,279/13/6 remained due by the plaintiff, The latter remitted this amount in nine insured covers on 9th May, 1950. Each of the eight out of the nine insured covers contained 30 currency notes of Rs.100 denomination each. The ninth cover contained Gov








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