ORIENTAL SILK STORES, VISAKHAPATNAM Vs. GENERAL MANAGER OF S.E. RLY., REPRESENTING THE UNION OF INDIA (CENTRAL GOVT.)

JUDGEMENT

(1.) This revision petition is filed against the judgment and decree of the Subordinate Judge, Visakhapatnam dismissing S. C. S. No. 226 of 1956 instituted by the petitioner against the Union of India, represented by the Ministry of Railways, New Delhi the South Eastern Railway the Western Railway and the Central Railway, for recovery of a sum of Rs. 790-6-6 by way of compensation for the loss of sixteen pieces of shirting cloth.

(2.) The facts giving rise to this revision may be briefly stated. A bale of shirting cloth was despatched on 23-7-1955 from Ahmedabad to Visakhapatnam to be delivered to the petitioner. The consignment was received at Visakhapatnam on 2-9-1955. On arrival, it was found that the bale was tampered with and sixteen pieces missing. The Station Master gave the shortage certificate for the same. Immediately, the petitioner brought it to the notice of the authorities concerned who promised to institute an enquiry into the matter. Ultimately, the concerned railways repudiated their liability to make good the loss sustained by the petitioner. The action giving rise to the revision was laid claiming a sum of Rs. 779-8-0 being the value of the pieces and incidental charges.

(3.) The suit was contested on several grounds but the one relevant for this enquiry is that the suit is barred by limitation as it was filed beyond one year from the discovery of the loss.