Khunni Mal Narain Das vs Dwarka Das Baij Nath

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1930 Supreme(All) 116

SEN
Khunni Mal Narain Das – Appellant
Versus
Dwarka Das Baij Nath – Respondent

JUDGMENT

Sen, J. - This is an application u/s 25, Provincial Small Cause Courts Act (Act 9 of 1887). Plaintiff applicant instituted a suit for recovery of Rs. 406-14-0 principal and Rs. 77-13-0 interest, in all, Rs. 484-11-0, on the allegation that there were certain transactions between the parties about the purchase and sale of silver bars which terminated in a loss to the plaintiff and that the said loss was recoverable from the defendant.

2. Plaintiff alleged that he sold 13 bars of silver to the defendant and in his turn purchased four bars from him. The defendant alleged that the plaintiff did not sell more than four bars to him and that, as a matter of fact, he had sold 13 bars of silver to the plaintiff. The findings of the Court below may be summarized:

(1) The defendant purchased 13 bars from the plaintiff and sold four bars to him, and

(2) that these transactions were not of the nature of wager.

3. The Court below threw out the plaintiff's claim on the ground that the plaintiff had failed to substantiate the loss alleged by him in the plaint. Certain oral evidence was adduced by the plaintiff in support of his claim. This evidence consisted mainly of his statement and that of

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