Mumbai Court October 1927 Judgments

Kondiba Gopal Vs. A. Mestrejean

Court: Mumbai

Reported in: AIR1928Bom91; (1928)30BOMLR162

Rangnekar, J.1. This is a summons taken out by the plaintiff for adding Comptoir National De'Escompte De Paris, a bank, as party defendant, and for amendment of plaint and making consequential amendments therein. The suit is to recover damages alleged to be sustained by the plaintiff as the result of his being knocked down by a motor car belonging to the defendant. The accident took place on October 17, 1926. The suit was filed on April 28, 1927. There was correspondence prior to the suit between the plaintiff and the defendant and their attorneys. In that correspondence the plaintiff alleged that the car belonged to the defendant and the chauffeur who was driving the car at the time of the accident was the defendant's servant. The defendant never repudiated these allegations, and his case now is that the plaint never inquired of him whether he was the owner of the car or whether the chauffeur was his servant In the first letter written by the plaintiff's solicitors dated January 8, 19...