UNION OF INDIA Vs. CHEKKA RANGANAYAKULU AND SONS

JUDGEMENT

(1.) All these appeals and revisions preferred against the judgments of different Courts in the State raise a common question relation to liability of the Railway administration for the loss of goods occasioned in the circumstances that will appear presently, and so could be disposed of in one judgment.

(2.) Appeals Nos. 370/1955, 575/1957, 15, 70, 38 and 37 of 1958 deal with O. S. Nos. 109 and 113 of 1953 and 52 to 55 of 1954 on the file of the Subordinate Judge, Narsapur, while A. S. Nos. 369/1957, 241/1959, 250/1959 and 169/1958 are against the judgments of the Subordinate Judge, Kakinada in O. S. Nos 154/1933, 63/1954, 74/1955 and 6/1956, S. A. Nos. 502, 913 and 914 of 1957 are preterred against judgments in A. S Nos. 359/1955 (Sub-Court, Eluru) and 55 and 56 of 1955 (Sub-Court, Narsapur) respectively. S. C. Nos. 405, 287, 285, 286 and 646 of 1953 and 155 and 294/1954 have given rise to C. R. P. Nos 1118/1954 and 886, 888 and 889 of 1959 and 1361 of 1956 and 1029 and 1374 of 1957 respectively.

(3.) These several suits were brought to the Courts mentioned above for the recovery of the value of the goods made over to the railway administration on behalf of the plaintiffs for transmission to the various railway stations (indicated in the railway receipts covering these goods), but not delivered to the consignees The non-delivery of these goods was a sequel to the death of Sri Potti Sreeramulu who undertook a fast unto death to force the issue of formation of Andhra State. We will presently see how this unfortunate event impinged upon the subject- matter of these appeals and revisions. For an appreciation of the issues arising in this litigation, the material facts may be shortly narrated.