UTTAM SINGH KALA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated December, 17, 1959 of the Subordinate Judge 1st Class, Delhi, dismissing suit No. 325/86 of 1957/58 but leaving the parties to bear their respective costs. The suit was filed by the three appellants who are bullion merchants in Delhi against the Union of India through the General Manager of the Western, Central and Northern Railways.

(2.) The suit was to recover Rs. 80,000.00 as compensation for non-delivery of a parcel containing 750 tolas of gold despatched the firm Haridas Gopaldas, bullion merchants of Bombay, some time in August, 1956 to Delhi. Each of the three appellants had placed separate orders with the said Bombay firm for supply of 250 tolas of gold but the said Bombay firm despatched the entire quantity in one parcel. The claim of Rs. 80,000.00 was made up as follows : <FRM>JUDGEMENT_561_ILR(DEL)1_1970Html1.htm</FRM>

(3.) Out of this amount, the claim of Rs. 618/8.00 was relinquished. In addition to the said amount, the appellants prayed for interest at the rate of 6 per cent per annum on the decretal amount from the date of suit till payment or realisation. The suit was filed on July, 3, 1957 after serving upon the respondents notices under section 77 of the Indian Railways Act, hereinafter referred to as "the Act" and section 80 of the Code of Civil Procedure.