DOMINION OF INDIA Vs. L BADU LAL

JUDGEMENT

(1.) THIS appeal came up for hearing before a Bench consisting of Mr. Justice Beg and Mr. Justice Mathur. There was a difference of opinion between the two learned Judges and the scope of that difference is discernible from the three questions they framed for obtaining the opinion of a third Judge. The questions which were formulated were these:

(2.) THIS reference has arisen, it may be mentioned, out of a suit filed by Bodu Lal for the recovery of a sum of Rs. 24,060 against the Union of India (the suit originally was against the Dominion of India but later the necessary amendment appears to have been made) relating to a railway administration. The plaintiffs case in brief was that a consignment of 365 bags of mustard seed weighing 775 maunds and 18 seers was offered to the Railway Administration, then known as the O. T. Railway for carriage and delivery to the plaintiff at Kurigram station which fell within the Bengal Assam Kailway system which later was known as Eastern Bengal Railway, on the 15th September, 1947. The railway administration accepted the consignment at railway station Jarwa and issued a railway receipt in respect of the same. The usual period required for the transit of goods between Jarwa and Kurigram railway stations was one and a half months. The consignment was, therefore, expected by the plaintiff at Kurigram on or about the 30th October, 1947. The consignment, however, did not reach Kurigram either on the 30th October, 1947 or any other date thereafter. The plaintiff was unable to get delivery of the goods in spite of repeated demands.

(3.) THE notice which purported to be under Section 77 of the Indian Railways Act was dated the 8th November, 1947, the notice is Ex.. 3 on the record. This notice was as follows : - -