CHHANGAMAL HARPALDAS Vs. DOMINION OF INDIA

JUDGEMENT

(1.) THE plaintiffs, who are commission agents residing at Delhi have by this appeal challenged the decree passed by the Civil Judge, Senior Division, at Jalgaon in Special Suit No. 12 of 1950 dismissing their suit against the Dominion of India.

(2.) THE facts which give rise to the claim made by the plaintiffs are briefly these : One Malhari Bhika loaded a wagon at Kajgaon station on the Central Railway with raw plantains and obtained Parcel Way Bill No. 7934/79 on 21st October 1948 for carriage of the consignment to Delhi. The goods loaded by Malhari Bhika were then sold to Peer Mahomed and Sons. The Parcel Way Bill was obtained in the name of Malhari Bhika as consignor and consignees were the plaintiffs. The Forwarding Note is Exhibit 93, dated 21st October 1948, and by that Forwarding Note Malhari Bhika requested the Station Master at Kajgaon to receive and forward by passenger train the parcel described therein to Delhi Junction Station at reduced rates as per Risk Note on the reverse signed by him. The consignment was booked at reduced rates. This consignment reached Delhi on 36th October 1948. It appears that between Kajgaon and itarsi the wagon was attached to 39 Dn. Parcel Train and beyond Itarsi it was attached to a mixed passenger train. In the normal course by passenger train from Kajgaon this wagon should have reached Dehli on 23rd October 1948. On arrival at the Delhi Station the contents of the wagon were found to be damaged and the loss was estimated as of the value of Rs. 2,700/ -.

(3.) ON 22nd October 1948, peer Mahomed and Sons signed a Forwarding Note for a wagon-load of plantains from Kajgaon to Delhi By the Forwarding Note the Station Master at Kajgaon was requested to forward the wagon by passenger train. Parcel Way Bill No. 7934/83, dated 22nd October 1948. was obtained in the name Of Peer Mahomed and Sons as consignors and the consignees were the plaintiffs. This consignment was also booked at reduced rates, The wagon was loaded on 22nd October 1948 and between Kajgaon and Itarsi the wagon was attached to 33 Dn. Parcel train and at Itarsi it was attached to a mixed passenger train. In the normal course, if it had been carried by passenger train, the consignment should have reached Delhi on 24th October 1948. but it reached Delhi on 26th October 1948. and on opening the wagon the contents were found to be damaged. The loss was assessed at Rs. 4,125/ -.