Law: Civil Procedure Code (V of 1908)

Section:

  a.Pleadings----Should only state facts and not law-Plaintiff's pleadings alleging non-delivery of goods entrusted to defendant as common carrier, and alleging, in addition, that defendant's servants were convicted of theft of same goods-Held, it was not necessary specifically to plead conversion or detinue-Civil Procedure Code (V of 1908), O. VI, r. 2.   In a case against the defendant as a common carrier, for compensation for loss of goods, the plaint stated that the goods in dispute were never delivered to their destinations and the defendant's clerk and lorry driver were later convicted of the theft of the goods in question Held, that a separate plea of conversion or detinue was un necessary. Pleadings need only state facts and not contentions of law.   The distinction between the case as against a common carrier and as against an ordinary carrier lay not so much in the facts to be established by the plaintiffs but the defences open to the plaint. In any case, the defendant did set out separately the alleged theft of the goods which was not necessary to be established in the case relating to a common carrier but was a material factor in a case of conversion or detinue.   The facts stated in the plaint were sufficient to raise the question of the defendant's liability apart from any liability as a common carrier.   Master and servant----Master liable for fraud of servant committed in course of employment.   A master is liable for his servant's fraud perpetrated in the course of the master's business whether the fraud was committed for the master's benefit or not.   Where goods were committed expressly to the defendant's servants and they converted the goods whilst they were on the journey which the defendant had undertaken to carry out, held, that the conversion was in the course of the employment of the defendant's servants and the defendant was liable. There was no difference in the liability of a master for wrongs whether for fraud or any other wrong committed by a servant in the course of his employment. It is a question of fact in each case whether the wrong was committed in the…