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1998 Supreme(Del) 47

K.S.GUPTA
MANISH PAPER AND BOARD MILLS LIMITED – Appellant
Versus
JAINSON CLOTHING CORPORATION – Respondent


Advocates Appeared:
G.L.RAVAL, KETKI GOSVAMI, KULJIT RAVAL, P.V.KAPUR

K. S. GUPTA

( 1 ) PLAINTIFF has filed application under order 6 Rule 17 Civil Procedure Code alleging that it has filed suit for recovery of Rs. 11,84,008. 34 alongwith interest against the defendant. Case of the plaintiff inter-alia is that because of the negligence on the Part of M/s. Soyuzvneshtrans who was the handling agent of the defendant is USSR, the piaintiff has suffered the losses in question. To determine the real controversy between the parties, it is necessary that said M/s. Soyuzvneshtrans is impleaded as defendant. It is further stated that the case of the defendant in the written statement is that it was acting as an agent and it did not enter into contract with Novo export, the Russian seller in its independent capacity. Contract was between the plaintiff and said Novo export. This plea taken by the defendant is denied by the plaintiff. However, it is held that the defendant was acting as agent of the plaintiff and not in its independent capacity and the contract was between the plaintiff and aforesaid Novo export, Novo export is bound to compensate the plaintiff for short delivery of the contractual goods in question. Cause title of the suit is sought to be amend









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