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1977 Supreme(MP) 948

G.P.SINGH
Associated Traders and Engineers Pvt. Ltd. , New Delhi – Appellant
Versus
Narendra Kumar and Co. , Jabalpur – Respondent


Short Note :

1. The revision arose in a suit which had been filed by the plaintiff-non-applicant, M/S Narendra Kumar and Co., a partnership firm against the defendant applicant, M/S Associated Traders and Engineers Private Limited, for recovery of Rs.5,800, as damages. The defendant was a common carrier and carried on business of plying trucks and transporting goods from place to place in India. One M/S Uttamchand Nainumal, on 5th January 1973, delivered two parcels containing printed cotton sarees to the defendant at Jethur (Rajkot) for carriage to Jabalpur. The goods were consigned to self. The defendant, on receipt of the goods from the said M/S Uttamchand Nainumal issued a receipt which was Ex-D-1. The plaintiff purchased the goods and the receipt was endorsed in its favour. The defendant did not deliver the goods at Jabalpur inspite of notice. On these facts, the plaintiff instituted the suit for damages at Jabalpur. The defendant, amongst other, raised the two pleas :- (1) that the Court at Jabalpur had no jurisdiction to try the suit; and (ii) that there being no privity of contract between the plaintiff, the suit was not maintainable without joining M/S Uttamchand Nainumal a

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