HUNDRAJ CHHANGOMAL AND CO Vs. UNION OF INDIA

JUDGEMENT

(1.) This group of 24 appeals is decided by this common judgments because a common question of interpretation of secs. 73 74 and 76 of the Indian Railways Act 1961 (hereinafter referred to as the Act) and the application of the principles contained therein arises for determination.

(2.) First Appeal No. 240 of 1971 involving the same question was filed in this Court but at the stage of hearing the same was withdrawn.

(3.) First Appeals Nos. 177 of 1973 306 of 1973 and 594 of 1973 are filed against the judgment and decree passed by the learned Judge of the City Civil Court Ahmedabad in Civil Suits Nos. 1510 of 1969 2059 of 1969 and 2042 of 1969 respectively. These appeals are filed against the judgment and decree dismissing the suits of the respective plaintiffs filed against the railway administration for compensation. The rest of the appeals are filed by the railway administration against the judgm ent and decree passed by the trial Court in different civil suits filed for compensation for damage or deterioration of the goods viz mangoes as a result of delay or detention in transit.