LAWS(SC)-1999-2-62

BHAGWAN DASS RAMA SHANKER Vs. UNION OF INDIA

Decided On February 25, 1999
BHAGWAN DASS RAMA SHANKER (DEAD) Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The plaintiff in O.S. No. 4 of 1960 on the file of the Civil Judge, Ballia, is the appellant herein. It laid the suit for recovery of damages for non-delivery of the goods entrusted to the Railways. The plaintiff consigned the goods at the Tata Freight Railway Station for delivery at Ballia on 29th September, 1958 vide RR No. 026790 Invoice No. 502. As the goods were not delivered to the plaintiff, it filed the suit for recovery of damages etc. of Rupees 15,477/-. The trial Court decreed the suit in a sum of Rs. 13,347/-. The respondents carried the matter in appeal. The first appellate Court confirmed the findings of the trial Court so far as damages were concerned but found that the suit was barred by limitation in view of Art. 31 of the Indian Limitation Act, 1908 (Art. 11 of 1963 Act) and accordingly dismissed the suit. The plaintiff filed the second appeal in the High Court of Allahabad, aggrieved by the judgment of the first appellate Court, dated 20th March, 1972. The High Court agreed with the first appellate Court and dismissed the second appeal of the plaintiff. That is how the plaintiff is before us in this appeal.

(2.) Mr. Manoj Swarup, learned counsel for the appellants, submits that the statement of P.W. 1, ought not to have been taken for reckoning the period of limitation and the date on which the goods ought to be delivered to the appellant and that the High Court ought to have taken into consideration the special circumstances that the goods had arrived at Ballia but on verification the goods were not found to be the same as were consigned by the appellant.

(3.) To appreciate the contention of the learned counsel, it would be necessary to refer to Art. 31 of the Limitation Act, 1908, which reads as follows :