UNION OF INDIA Vs. BANSHIDHAR GOPIRAM

JUDGEMENT

(1.) THIS second appeal by the defendant against the reversing Judgment and decree of the lower appellate Court was admitted for hearing on 30 -4 -1986 on the following two substantial questions of law : - -

(2.) ON 17 -4 -1975, 60 drums of Ground Nut oil were handed over at Salt Coutors on Southern Railway for being carried to Satna on the Central Railway vide invoice No. 2, Railway Receipt No. 213483 dated 17 -4 -1975. The Railway Receipt was endorsed in favour of the respondent, a partnership firm, which took delivery of the goods on 6 -5 -1975 at Satna. At the time of taking delivery, it was found that one drum was completely empty and five drums were leaking. As per shortage certificate (Ex. P -2), there was a shortage of 683 kg. of Ground Nut oil, valued at Rs. 5,634.75 paise. After service of notice dated 14 -5 -1975 (Ex. P -3) for registering aclaim for Rs. 6,105.50 paise and another notice dated 25 -8 -1975 (Ex. P -4), described to be a combined notice under Section 78 -B of the Indian Railways Act, 1890 and under Section 80 of the Code of Civil Procedure on the appellant, the respondent filed a suit for recovery of a sum of Rs. 6,155.50 paise. The suit was resisted by the appellant on various grounds and the trial Court was pleased to dismiss the suit. Being aggrieved, the respondent preferred an appeal which was allowed and the suit of the respondent was decreed for a sum of Rs. 5,684.75 paise. Being aggrieved, the appellant has preferred this second appeal.

(3.) THE learned counsel for the respondent supported the impugned Judgment and decree of the lower appellate Court and placed reliance in State of West Bengal v. Jiwanmall, AIR 1960 Calcutta 673; M/s. Bisanchand Lalchand v. Union of India, AIR 1961 M. P. 220; Sawai Singhai Nirmalchand v. Union of India, 1961 MPLJ 681; State of M. P. v. Ranbirsingh, 1978 MPWN Note 343; Ghanshyam Dass v. Dominion of India, AIR 1984 SC 1004 and Seth Laxmichand v. Union of India, 1966 MPLJ 796.