MADANSA ANNASA JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application in revision by the plaintiff against the decree and judgment, dismissing his suit, passed by the Court of the Small Causes, Akola.

(2.) THE plaintiff filed a suit against the Union of India representing the Central Railway Administration, Bombay, as well as the Northern Railway Administration New Delhi, for compensation for non-delivery of goods as well as for conversion of goods. The case of the plaintiff is that on 5-1-1962 one Amarnath Harindramohan, a commission agent of Tanakur booked five bags of stokeflowers from Tanakpur Railway Station on the Northern Railway to Akola Railway Station on the Central Railway under a railway receipt. The consignment was booked to self and the railway receipt was endorsed in favour of the plaintiff. It was sent through the Akola branch of the Allahabad Bank, The plaintiff deposited the necessary sum in the Bank and obtained the railway receipt for the purpose of presenting it to the railway authorities at Akola. The plaintiff presented the railway receipt many times but he was informed that the goods had not yet arrived at the destination. Because the plaintiff did not get any goods till 6-6-1962 therefore he referred a claim to the Central Railway on that date. The Claims Superintendent by his letter dated 25-7-1962 asked the plaintiff to send the original railway receipt and the Bijak. However, he received another letter from the Chief Commercial Superintendent, Central Railway, Bombay, on 27-7-1962 intimating that 5 bags of stoke-flowers had been received at Akola Railway Station on 7-2-1962 and were lying there undelivered and that the plaintiff should take delivery of the same after identification and after presenting the original railway receipt and on payment of the freight charges, if any. The plaintiff received this letter on 31-7-1962 at Bashim.

(3.) BECAUSE of the letter from the Chief Commercial Superintendent, the plaintiff went to Akola Railway Station on 2-8-1962 to take the delivery of the goods. He was, however, informed by the Station Master there that the goods were sold by public auction on 28-7-1962 for a sum of Rs. 112/- and that the Chief Commercial Superintendent Central Railway had already been informed of the same. The plaintiff, therefore, sent the Railway receipt and the original Bijak to the claims Superintendent Central Railway, and claimed compensation for non-delivery and conversion of his goods. He did not get any reply. Therefore, he served a notice under Section 80 of the Civil P. C. claiming loss on account of non-delivery of the goods. Thereafter, he filed the civil suit on 9-9-1963. The cause of action as mentioned by the plaintiff in the civil suit was on ? 2-8-1962 when he finally came to know that the goods could not be delivered to him as they were sold by auction.