JAGNATH MARBLE Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under section 100 of the Code of Civil Procedure is filed by the original plaintiff who had preferred Regular Civil Suit No.452 of 1982 against the present respondent (herein after called as "the railway" for convenience) seeking recovery of Rs.9291.84 paisa.

(2.) The case of the plaintiff in its suit is that the plaintiff booked consignment of polished stones with the Railway for transit through Railway for Rajkot Junction under Invoice No. IRR-161859 dated 10.10.1980. Out of the total number of 562 stones, 226 stones were delivered to the plaintiff in damaged condition and damage to the extent of 40% was certified by the LOW Rajkot in presence of two independent panchas. Therefore, notice was served by the plaintiff to the Railway on 13.2.1981 claiming damage from the Railway but the Railway refused to make any payment and gave vague reply.

(3.) Particulars as regards claim for damage are given by the plaintiff in para 2 of the plaint. The plaintiff has stated that the cause of action for the suit had arisen on or about 15.11.1980 when the delivery of the stones was given to the plaintiff in damaged condition due to negligence, carelessness and misconduct on the part of the respondent administration.