WESTERN RAILWAY ADMINISTRATOR THE Vs. PATEL ISHVERBHAI CHHAGANBHAI

JUDGEMENT

(1.) This is a revision application by the Western Railway and the Union of India challenging in revision a decree passed by the Civil Judge Junior Division Petlad decreeing Small Cause Suit No. 296 of 1959 filed by the opponent claiming compensation for non-delivery of one bag of tobacco out of 32 bags consigned from Agas to Petlad. On 16 31 bags were delivered and one bag was not delivered.

(2.) The learned Judge rejected the contention that the suit which was filed on 13-8-1959 was barred by limitation in view of Article 31 of Schedule I to the Limitation Act. In revision it is contended that this view is erroneous.

(3.) Article 31 of Schedule I to the Limitation Act reads as follows : @@@ Description of suit. Period of limitation Time from which period begins to run Against a carrier for compensation for non- delivery of or delay. In delivering goods. one year. When the goods ought to be delivered .