UNION OF INDIA Vs. NAVILAKHA AND SONS

JUDGEMENT

(1.) THESE Civil Revision Applications which are filed under Section 25 of the Provincial Small Cause Courts Act involve common question of law. Hence they are disposed of by this common judgment.

(2.) THE facts involved in these Revision Applications are broadly similar. In all these matters the respondents sent certain goods through Central Railway owned by the petitioner. There was negligence on the part of the petitioners and hence respondents suffered damages. The opponents issued notices under Section 78 (b) of the Indian Railways Act, 1890 making claims. The petitioners sent cheques for various amounts. They also informed the opponents that the cheques are sent in full and final settlement of the claims and the cheques should be sent back if the amount was not acceptable. As the cheques were for lesser amounts than the claims made, the opponents accepted the cheques under protest, and except in the case of Civil Revision Application No. 138 of 1988. In fact in Civil Revision Application No. 319 of 1989 and Civil Revision Application No. 259 of 1989 the opponents communicated as under :

(3.) THE suits came to be heard by the learned 5th Additional Small Cause Courts, Pune. Various defences raised on behalf of the petitioners came to be negatived and the claims made by the opponents came to be decreed. The same is under challenge in these revisions.