9911796707
|
Home
Issues:
1. Dismissal of the suit against defendant No. 3. 2. Liability of defendant No. 3 as an agent for the 2nd defendant. 3. Application of Section 230 of the Contract Act. 4. Dismissal of the suit for want of jurisdiction against the 1st defendant. Analysis: 1. The defendant No. 3 sought the dismissal of the suit against them and other consequential reliefs. The affidavit filed by the defendant stated that they acted as a general agent for the disclosed principal, the 2nd defendant, and had no independent liability to the plaintiffs. The defendant was impleaded as a shipping agent for the 2nd defendant, as per the averments made in the plaint by the plaintiffs. 2. The plaintiffs clearly stated in the plaint that the goods were entrusted to the defendant No. 3 at Bombay on a specific date and were accepted by them on behalf of the 2nd defendant. The question for determination was whether any cause of action had accrued against the defendant No. 3, who acted as an agent for the 2nd defendant. The legal principle under Section 230 of the Contract Act was cited, stating that an agent cannot personally enforce contracts entered into on behalf of the principal. 3. The judgment dismissed the suit against defendant No. 3 based on the admitted facts that the defendant was acting as an agent for the 2nd defendant. It was emphasized that an agent contracting in the name of the principal cannot be sued on such contracts, and the agent is not entitled to sue in their name as per the Contract Act. The suit was directed to be dismissed against defendant No. 3, and the office was instructed to make the necessary endorsement to that effect. 4. Additionally, the suit was also dismissed for want of jurisdiction against the 1st defendant by a previous order. The office was directed to make the necessary endorsement against the 1st defendant's name. The notice of motion was disposed of accordingly, and further directions were given for the parties to file their affidavits of documents and exchange draft issues within specific timelines. In conclusion, the judgment clarified the liability of an agent acting on behalf of a disclosed principal and highlighted the legal principles governing such relationships under the Contract Act. The dismissal of the suit against defendant No. 3 and the 1st defendant for jurisdictional reasons was based on the specific facts and legal provisions discussed in the judgment.
|
