SAHU VANASPATI TRADERS Vs. UNION OFINDIA

JUDGEMENT

(1.) THIS is a revision under Section 115, C. P. C. by Sahu Vanaspati Traders, Amroha Gate, Moradabad, plaintiff, against the order of the Additional District Judge of Moradabad, dismissing their revision under Section 25 of the Provincial Small Cause Courts Act and thereby maintaining the decree of the Judge Small Cause Court, whereby the plaintiff's suit was dismissed with costs.

(2.) ON 10-2-1959 Messrs. Patel Bhra Bhai Jutha Bhai and Co., Rajkot, had consigned 320 tins of ground nut oil, the consignment having been booked at Bantava railway station for Moradabad City. The railway receipt was endorsed in favour of the plaintiff, who became the owner of the consignment. The consignment was loaded by the agent of the consignor and was to be unloaded by the consignor or by the endorsee. At the time of the delivery it was noticed that 19 tins had been damaged and the total loss was valued at Rs. 92. The plaintiff therefore claimed a decree for Rs. 110, including Rs. 8 towards Beejak expenses and freight and Rs. 10 towards profits.

(3.) THE Judge, Small Cause Court, record ed the finding that no valid notice under Section 80, C. P. C. was served on the defendant; that there was no negligence on part of the railway administration or its officers except that the goods were not brought by the proper-route, via Kasganj and Bareilly, and instead were transhipped to the broad gauge at Hathras Road Station and thereafter to the metre gauge at Moradabad Junction that it was not proved that the loss caused to the consignment was the result of negligence. THE Judge, Small Cause Court also recorded the finding that the defendant was protected by Section 74-A of the Railways Act and not by Section 74-C thereof.