UNION OF INDIA Vs. SATTUR NATARAJA TRADERS

JUDGEMENT

(1.) This appeal is preferred by the defendant against the judgment and decree dated 30/09/1980 passed by the learned IV Additional Civil Judge, Bangalore in O.S. No. 673/1977.

(2.) The respondent is the plaintiff. The respondent/plaintiff is a firm. It filed the aforesaid suit for recovery of a sum of Rs. 20,414/- with court costs and current interest from the defendant / railway being the value of the consignment - 346 bundles of safety matches entrusted to the defendant on 17-7-1974 under Ex.D1 to be delivered at Kankaria; that according to the case of the plaintiff the goods were not delivered nor the arrival of the goods at Kankaria was notified; that the goods cought fire on 24-9-1974; that due care and caution was not taken by the railway in keeping the goods therefore, the railway administration was responsible for payment of the value of the goods amounting to Rs. 20,414/-. Before filing the suit a notice as required by law was also issued. The suit was filed on 17-9-1977.

(3.) The defendant contested the suit on various grounds and inter alia contended that requisite care and caution was taken by the railway administration; that the plaintiff failed to take delivery of the goods even though it took delivery of the other two consignments which were sent along with the consignment in question in the same wagon booked on the same day; that the plaintiff took delivery of the other two consignments on 7-8-1974 but failed to take delivery of the consignment in question on that day; that the claim of the plaintiff was barred by time having regard to the provisions contained in sub-sec. (2) of S. 77 of the Indian Railways Act, 1890.