SHEIKH FAQIR ULLAH Vs. UNION OF INDIA

JUDGEMENT

(1.) A clear question of law is involved in this Second Appeal.

(2.) IT appears that a consignment was booked through the North Eastern Railway on 30th April, 1955 by M/s. Gobardhan Sahu Bijli Sahu of 7 bales and eight bags of chewing tobacco leaves under Railway-Receipt No. 494724, from Bhagwanpur Railway Station for carriage and delivery to the consignee Sheikh Faquirullah. The consignment reached the destination station in a pilfered and damaged condition which the plaintiff attributed to the negligence and misconduct of the Railway Administration. The plaintiff claimed open delivery which was at first refused but was subsequently agreed to be given by the Commercial Inspector. The goods were inspected and re-weighed. IT appears that after the reweighment the plaintiff desired to endorse the condition of the consignment in the despath register. He was allowed to do so by the Inspector, but when he desired to endorse an objection that the bag had been cut, the Inspector objected and withdrew the despatch register from his possession. He was not allowed to make this endorsement, the plaintiff, therefore, refused to take delivery and brought the instant suit for the recovery of Rs. 6494. 10 P.

(3.) I have heard learned counsel for the parties at length and have also perused the Impugned orders and the evidence on record. As I have mentioned above the clear question of law is whether a consignee is entitled to make an endorsement with regard to the condition of the consignment on the delivery register of the Railway Administration on reweighment of the consignment at destination station before effecting delivery of the goods.