UNION OF INDIA Vs. BABULAL UTTAMCHAND BHANDARI

JUDGEMENT

(1.) THESE three revisional applications are filed by the Union of India against decrees of the Small Cause Court allowing the plaintiffs' claim for various amounts in respect of loss sustained by them by reason of the loss of goods consigned by them to various places in varying quantities.

(2.) THE facts are admitted that the goods were lost by reason of the negligence of the Railway Administration. In respect of the claims the plaintiffs had served notices to the Union and the Railway Administration making a claim in respect of the amounts which according to them was the loss caused to them. In civil revision application 475/66, out of the total claim made by the plaintiffs the Railway Administration paid a sum of Rs. 1033-23np. , in civil revision application 835/66 the Railway Administration paid a sum of Rs. 612-97 np, and in civil revision application 12866/66, the Railway Administration paid a sum of Rs. 1083. The plaintiff in each of these cases sued for the balance which according to him, was due in the first case it being Rs. 335. 15p. , in the second Rs. 445. 80p and in the third Rs. 300/ -.

(3.) AMONGST other things, the defence of the Union was that as the amount was paid in full and final settlement of the claim, the plaintiffs were not entitled to sue for the balance now claimed by them.