UNION OF INDIA Vs. HAJI LATIF ABDULLA

JUDGEMENT

(1.) This revision under Section 25 of the Provincial Small Cause Courts Act is by the defendant, against the decree dated 10-11-1959, passed by Shri G.P. Tiwari, Second Additional District Judge, Raipur, empowered under Section 9 of the M.P. Courts Act, 1958, in Small Cause Suit No. 35 of 1959.

(2.) The non-applicant was a consignee of 500 yards of hessian cloth and 25 maunds of sutli. The goods were delivered to him in a damaged condition. The Station Superintendent assessed the damage at 25 per cent regarding the hessian cloth and at 15 per cent in respect of the Sutli. The delivery was effected on 23-6-1956.

(3.) The defence of the applicant was that the plaintiff had failed to prove the quantum of damages. Secondly it was contended that the suit filed on 17-21959 was barred by time under Article 30 of Schedule II of the Indian Limitation Act.