Beri, J.—This is a plaintiffs second appeal directed against the judgment and decree of the Senior Civil Judge, Ajmer, dated 20th August, 1959, whereby he dismissed the suit of the plaintiffs on the ground that they had no locus standi to bring this action.

2. Dhan Singh Yadav and Ramdayal Sakarwal were employees of the General Post Office, Ajmer, in 1951. In the course of their official duty they were responsible for making payment of six 5 Years Cash Certificates of the value of Rs. 1,000/- each. These certificates were purchased on 13th September, 1937 and by process of renewal they were to mature after 15 years. The holder of these certificates Badri Parsad, defendant in this case, presented them at the General Post Office, Ajmer, on 20th September, 1951, when only 14 years had elapsed. Dhan Singh Yadav and Ramdayal Sakarwal, however, on account of an error in calculation treated these certificates to have completed 15 years and thus paid Badri Parsad an excess amount in the sum of Rs. 487/8/-. It appears that in October, 1951, the error was discovered and by a letter of 22nd October, 1951 (Ex. A. 2) defendant Badri Parsad was informed by the Post Office to refund the excess payment made to him. It seems that Badri Parsad took no notice of the communications made by the Postal Department until 20th November, 1951. What this communication from Badri Parsad was it is not clear. There is only a reference made in the letter from Post-office dated 22nd November, 1951 (Ex. A. 3). From this letter, I gather that some sort of request was made by Badri Parsad to regularise the excess payment but the Postal Department regretted their inability. A reminder was issued on 29th November, 1951 (Ex. A. 1) asking defendant Badri Parsad to refund the excess received by him. On 12th May, 1952, efforts appear to have been made for the recovery of this excess amount through the Collector, Bhilwara and this apparently occasioned resentment in the mind of Badri Parsad, who sent a lawyers notice dated 27th May, 1952 (Ex. A. 5) accusing the Postal Department of carelessness in the encashment of the 5 Years Cash Certificates and pleaded his bona fide by alleging that he had not even taken the physical possession of the amount but got the same transferred to the Post Office Savings Bank Account the day the certificates were encashed, and that he has been thus put to a loss on account of the negligence of the clerk and supervisor of the General Post Office, Ajmer. The effect of this notice was that the Postal Department cancelled their direction to the District Magistrate, Bhilwara for the recovery of the excess payment by their letter of 25/26th September, 1962 (Ex. A. 3). The Postal Department on the other hand held Dhan Singh Yadav and Ramdayal Sakarwal, its own employees, responsible for the mistake and called upon them to make good the amount in the first instance to the Post Office and if necessary to file a suit against Badri Parsad. From 1.9.1953, the recovery from the salaries of these two employees commenced by way of equal monthly instalments for the recovery of Rs. 487/8/-. On 28th October, 1953, these two employees Dhan Singh Yadav and Ramdayal Sakarwal sent a notice to Badri Parsad (Ex. 1) demanding the payment of the excess received by him and eventually on 2.12.1953 a suit was instituted for the recovery of the sum of Rs. 487/8/- against Badri Parsad by Dhan Singh Yadav and Ramdayal Sakarwal. Defendant Badri Parsad contested the suit and pleaded that he believed that the cash certificates had matured and that with a view to avoid loss of interest, presented them to the General Post Office, Ajmer, for encashment. He contended that the plaintiffs were liable and responsible for the carelessness or negligence and the defendant should not be deprived of the interest of the 15th Year. The pleas of lack of jurisdiction of the Court and the non-maintainability of the suit on account of the non-joinder of the Postal Authorities and the Union o

Click Here to Read the rest of this document