UNION OF INDIA Vs. NEW VIJAY WEAVING WORKS

JUDGEMENT

(1.) An interesting question which arises to be determined in this Revision Application is how far the Government of India is exempt from the liability arising out of loss mis-delivery or delay of or damage to any postal article in course of transmission by post resulting from fraud or willful act or default of an officer of the Post Office in view of the provisions contained in sec. 6 of the Indian Post Office Act 1898 which is hereinafter referred to as the Act.

(2.) Short facts of the case are that the respondent-plaintiff is a firm manufacturing and selling cloth at Ahmedabad. On 9th February 1965 it sent three Registered Post parcels containing cloth through Gandhi Road post office. The first parcel which was bearing No. 56 contained cloth worth Rs. 765.42. The second parcel bearing No. 68 contained cloth worth Rs. 285/and the third parcel bearing No. 64 contained cloth worth Rs. 804.94. When the parcels were presented to the addressees they refused to accept the delivery as they were found tempered with and were also short in weight. They were therefore returned back and when offered to the plaintiff the latter demanded open delivery. The open delivery of parcels Nos. 63 and 64 was given on 25th February 1965 and that of the remaining parcel No. 56 was given on 5th March 1965 At the time of taking open delivery the following facts were noticed:

(3.) One of the questions which were raised before the Trial court on behalf of the petitioners-defendants was whether the postal department would be liable for any loss or damage to the parcels in question in view of the provisions contained in sec. 6 of the Act. In this connection the contention of the petitioners-defendants is that sec. 6 of the Act exempts the Government from any liability arising on account of any type of loss mis-delivery delay of or damage to any postal article in course of transmission by post and therefore even if it is believed that loss or damage in question is the result of some willful got committed by any of the officers of the post office the present suit cannot succeed.