1931 (10) TMI 19

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... is the widow of Mr. Jagat Ram Khosla, Barrister-at-law, who had been practising at Lyallpur and who died sonless in May 1921. It is not denied that she is a pardanashin lady and it appears that she had given up residence at Lyallpur and had been living at Lahore for some years. Shiv Ram, respondent, was a reader in a Magistrate's Court at Lyallpur but, for some reason or other, he had gone to Karachi where he died in October 1929. There is no reliable evidence to show that the death of Shiv Ram was known at Lahore or to Mt. Durga Devi personally. The affidavits field by Mt. Lachhmi and Mt. Thakar Devi are not in proper form and cannot be received in evidence. It is established to our satisfaction that the first intimation which the appe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... mber 1920 and arrived at Lyallpur in July 1921 but in the meantime Mr. Khosla had died in May 1921. The plaintiff stated that on the arrival of the goods he offered delivery to the defendant as the heir and legal representative of Mr. Khosla but that she refused to accept it. The plaintiff accordingly sued her in December 1922 for recovery of ₹ 2,124 being the unpaid portion of the purchase-price, and expenses together with interest thereon. The suit was dismissed by the trial Court, but a decree for ₹ 1,020 has been passed by the learned District Judge, he having disallowed the claim for interest and given the plaintiff credit for two sums of ₹ 592 and ₹ 80 for which the goods had been sold under order's of the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... informal nature. In spite of this finding, the learned Judge-has decreed the suit for ₹ 1,020. 5. Now it is an elementary principle of law that before a suit to enforce a contract can be brought in a Court of law, it is necessary to ascertain its exact terms, so as to determine whether the defendant has been guilty of breach thereof. On the District Judge's own finding the business was of an informal nature, and its terms could not be known within any degree of definiteness. We do not know what sort of shirt a had been ordered by Mr. Khosla, and it has not been shown that the goods actually offered answered the description of the goods ordered. The judgment of the learned District Judge is silent on this essential point, and .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X