MAHABIR KIRANA BHANDAR ASHOKNAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a revision petition under section 25 of the Small Cause Courts Act.

(2.) THE plaintiffs in this case are the partners of registered firm carrying on grocery business at Ashoknagar. The consignment of Jaggery, which according to the plaintiff applicants consisted of 766 Paris (Packages) weighing 93 quintals was booked from Anakapali to Ashokanagar vide R. R. No. 690320 (Ex. P-3) dated 8-11-67. The R. R. was sent to the plaintiffs-applicants through the bank and was obtained by them on payment of a sum of rs. 9847. 96 as consideration thereof vide Ex. P-2. When the applicants took delivery of the goods 11 packages of Jaggery weighing 1 quintal and 40 kgs. were found short. The applicants, therefore, filed a suit against the Union of india represented by the General Managers of the Western-Southern and South east Railways for recovery of sum of Rs. 315 on account of the loss sustained by them due to shortage in goods, which were booked at railway risk after due notice to them.

(3.) THE suit was resisted by the non-applicants and was dismissed mainly on the ground that the loss was not proved. Being aggrieved thereby, the applicants have filed this revision petition.