KHADIGRAMODYOD BHAVAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Plaintiff in O S. No. 27 of 1981 on the file of the Sub Court, Ernakulam, is the appellant. The suit is for recovery of damage.

(2.) Plaintiff despatched during the years 1977 and 1978 piece goods under three consignments Exts. B1, B2 and B4. Out of the consignments, the subject matter of the appeal is only the consignment under Ext B4 that was despatched on 23-1-1978. This consignment reached Ernakulam on 10-2-1978. Pilferage and shortage were suspected and on demand made by the plaintiff, open delivery was allowed and accordingly on 6-3-1978 open delivery was given and the Railway Inspector issued Ext. B5 certificate showing that 20 pieces were found short. The value of the goods found short was admitted to be Rs. 3815.07. In spite of repeated demands made by the plaintiff, to settle their claim, the Railway Administration refused to pay the amount. Hence the suit.

(3.) 1st defendant in the written statement contended that there was no valid notice under S.78(B) of the Indian Railways Act. It was also averred in the written statement that the consignment reached at Ernakulam on 2-2-1978 and was ready for delivery. According to the 1st defendant, the plaintiff applied for open delivery on 13-2-1978 i.e. after 7 days of the termination of transit and accordingly, the plaintiff f is not entitled to any relief. 2nd defendant adopted the contention of the 1st defendant.