LAWS(MPH)-1962-2-6

UNION OF INDIA Vs. HAJI JIWAKHAN

Decided On February 02, 1962
UNION OF INDIA (UOI), REPRESENTED BY GENERAL MANAGER, Appellant
V/S
HAJI JIWAKHAN Respondents

JUDGEMENT

(1.) This revision under Section 25 of the Provincial Small Couse Courts Act is by the defendant against the decree, dated, 20-9-1961, passed by Shri P. B. Thakre, Additional District Judge, East Nimar, Khandwa, empowered (under Section 9 of the M. P. Civil Courts Act, 1958, in Small Cause Suit No. 167 of 1961.

(2.) The respondent was a consignee of a consignment booked from Wadi on 183-1960. The station of destination was Khandwa. The goods reached Khandwa on 24-3-1960 when a consignment consisting of stones was devered to the respondent in a damaged condition.

(3.) The respondent filed the present suit claiming Rs. 370.17 nP. as damages for the loss caused on account of the alleged negligence on the part of the Railway Administration. In the plaint it was alleged that a notice under Section 77 of the Railways Act had been served on the Railway Administration. However, the date of the notice was not mentioned. Further on, it was also mentioned that a copy of the notice, dated 25-10-1960 was being filed along with the plaint.