Orissa Court December 1959 Judgments

Popsingh Mahadeo Prasad Vs. Dipchand Ray and anr.

Court: Orissa

Reported in: AIR1960Ori123; 26(1960)CLT471

Das, J. 1. This is a plaintiff's appeal against an order of the Additional Subordinate Judge, Balasore, dismissing his suit. The facts leading up to this appeal are these.2. The plaintiff was appointed as a sub-agent under Raghunath Rai Hargovind Ltd. (defendant No. 1) who was appointed as a purchasing agent by the State of Orissa acting through the Collector of Balasore (defendant no. 2). This appointment was made under the Central Purchasing Scheme for the year 1943. According to the terms and conditions of the agreement the plaintiff was to procure stocks of rice and paddy requisitioned or otherwise, despatch and dispose of the same from time to time under the orders and directions of the defendants. The defendants were to pay to the plaintiff the prime costs, as well as other incidental charges such as costs of sewing, bagging handling, storage and all other costs of transport including the charges for gunny incurred by him from time to time in connection with the sub-agency.The pl...