Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Sale of Goods Act (III of 1930)

Section: 22

(a) Civil Procedure Code (V of 1908) S. 100-Second appeal, memo. of---Appending copy of trial Court's judgment ; in addition to that of first appellate Court - Obligatory period taken in obtaining such copy-To be reckoned in computing limitation. (b) Appeal (Civil)-Locus atandi of appellant-Appeal filed by West Pakistan Government prior to dissolution of Province of West Pakistan-Punjab Province being successor of cause of action relatable to such appeal-Competent to prosecute and continue appeal-Province of West Pakistan (Dissolution) Order [P. O. No. 1 of 1970], para. 20-Dissolution of West Pakistan Province (Rights, Properties, Assets and Liabilities) Order [P. O. No. 2 of 1971], para. 28. (c) Sale of Goods Act (III of 1930), S. 22-Sale of goods in deliverable state-Passing of property in goods-Measurement of goods made and actual price ascertained by seller and also paid by buyer-Property, in goods, held, passed to buyer. A contractor had entered into a contract and purchased wood from the Forest Department. He cut the wood and stacked it in compartment. Measurement was made of the stacked wood by the Forest Guard but the measurement was not accepted by the Government. A fresh measurement was ordered by the Conservator of Forests and after re-measurement a bill was submitted by the Forest Department. The contractor paid the amount and started lifting the wood. A Forest Officer again restrained the contractor from lifting the wood on ground that there was a mistake in the measurement. Held : The wood had been agreed to be sold to the contractor at an agreed rate for. quantity to be measured and ascertained after felling the trees and stocking it in the relevant compartments. The wood when stacked by the contractors was to be measured and the price ascertained. For this purpose although the first measurement was not accepted by the contractors, the second measurement was arranged under orders of the Conser vator of Forests by the Forest Range Officer, an officer deputed by him and on the basis of this second measure ment accepted by the parties, the quantity and price were ascertained, the contractors were billed, payment was made by them and received by…