UNION OF INDIA Vs. MILAPCHAND MOHANLAL

JUDGEMENT

(1.) THIS is a first appeal filed by the Union of India representing the concerned Railway against the Judgment and decree dated 27.7.77 passed in Civil Suit No. 40-B of 1972 (new No. 31.-B of 1972) by IVth Additional District Judge, Indore, whereby the claim of the respondent plaintiff for the price of loss of consignment of goods amounting to Rs. 9,528.63 ps. has been decreed.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows:

(3.) IT is the plaintiffs case that the consignment did not reach Manihari and the Bank of Baroda returned the Hundi and the bill to the plaintiff. On 12.1.1972 the plaintiff firm sent a man to Manihari to collect consignment but he was informed by the S union Master at Manihari that the consignment has not reached Manihari. The Station Master, Indore, however, claimed that the consignment was despatched the same day on which the consignment was delivered to Railway Administration for carriage, A notice under Section 77 of the Railways Act and another notice under Section 80 of the C.P.C. were served on the concerned railway administrations, defendants No. 1 to 5 but the defendants neither accounted for the consignment nor paid the amount claimed by the plaintiff. The plaintiff, therefore, filed the instant suit for recovery of the price of goods as aforesaid with interest and notice charges.