UNION OF INDIA UOI Vs. S BAGCHI

JUDGEMENT

(1.) Both these appeals have been heard together as they arise out of two similar suits in which tile parties were common and which were disposed of by a single judgment.

(2.) The two suits were instituted by Sri S. Bagchi, plaintiff-respondent, for the recovery of damages in respect of two consignments of oranges booked from railway station Kalambha to Lucknow, Both of these consignments were full wagon-loads of oranges. One of them was consigned on the 21st of March, 1946, and the goods were loaded in wagon No. 18182. The second consignment was also booked from the same railway station Kalambha for Lucknow on the 21st of April, 1946. The first consignment was delivered at Lucknow on the 30th March, 1946 and the second consignment was delivered at Lucknow on the 3rd May, 1946. It was alleged on behalf of the plaintiff in the two suits. that the goods which were oranges were booked to be carried by passenger train but the railway did not carry out the contract of carrying the goods by passenger train and were also negligent on account of which the oranges deteriorated and the plaintiff was put to considerable loss in the two consignments. He claimed Rs. 5,000/- as damages in suit No. 45 of 1947 and Rs. 10,500/-in suit No. 59/5 of 1947.

(3.) The Union of India contested the suit. It was denied that the defendant had committed any breach of contract or that its servants had been guilty of misconduct or negligence. It was also denied that the plaintiff was the owner of the goods. A plea was also raised that the suit was bad for want of a valid notice under Section 77 of the Indian Railways Act.