UNION OF INDIA Vs. BEHARI LAL AND COMPANY

JUDGEMENT

(1.) This judgment will dispose of Letters Patent Appeals (Nos.l07-D of 1966 to 112-D of 1966). The common question of law which arises for determination in all these sixappeals is whether section 74 A (as amended by Act 46 of 1949) of the Indian Railways Act applies to a case of short delivery or not. The respon dents (plaintiffs) in these appeals filed suits for recovery of damages for short delivery of part of the consignments G. 1. pipes, black pipes, etc. There is no dispute that in all the relevant Forwarding Notes the following endorsement was made by the sender or his agent:-

(2.) At the destination station some of the pipes, etc. were found missing. Short delivery certificates in respect of what was missing were furnished to the plaintiffs.

(3.) The main defence of the Railway Administration was that since the consignment was defectively packed, i. e. not in the manner prescribed for the goods inquestion, the concerned goods' ere lost as a result of such defective or improper packing; in the circumstances the Railway Administration was exonerated from liability by reason of section 74 A (as amended by Act 56 of 1949) of the Indian Railways Act.