consignment contract

consignment contract

Consignor(A) send some goods to Consignee(B) through Private Transport Agency [Carrier](C).

Now during the transit some goods got lost and it is acquainted by C.

things to note is

A is a registered firm

for B it is like a medical shop..

but in this licence is issued in the name of three person and only one of them is using

Now the suit is filed by consignee(B) for damages against carrier.

1. Although carrier company agreed in court about loss and damages of goods.
2. another thing is that in trail plaintiff said that licence is issued to more than one person as joint licence so defendant raised question that it is an unregistered firm. Question raised by defendant(carrier) that B(consignee) is an unregistered firm and an unregistered firm has not right to file a suit debar under sec-69 partnership act and suit is not maintanable... 

but argued by plaintiff

1. that contract was made between consignor and carrier and he is not a party to the contract so there is no question of right arising out of contract.
2. plaintiff again plead that although licence is isued to more than one person jointly that did not mean that it is a partnership firm although it is a proprietorship [is there any case or law by which it can be proved that joint licence did not mean partnership]
3. plaintiff further argued that he has file the suit on the basis of common law and tortious liability.

 

can you please give some suggestions for plaintiff (consignee)

is the suit maintainable?

is the plea taken by plaintiff succedd if not please advice ?

thanks