N.C. DWIVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner challenges the order dated 28.2.1984 passed by the learned 2nd Civil Judge, Class I, Jabalpur in Civil Suit No. 125 -B. 1982, directing return of the plaint in view of the bar contained under section 80 of the Indian Railways Act, 1890, and also being aggrieved by the order dated 19.7.1985 passed in Misc. Appeal No. 14/1984 by the learned 4th Additional District Judge, confirming the order passed by the learned Civil Judge.

(2.) BRIEF facts leading to the petition are that the petitioner had purchased a ticket for travelling in Express from Jabalpur to Gwalior. The compartment in which he was travelling caught lire near Mahoba (U.P.) railway station and the petitioner suffered loss of Rs. 5, 700/ - as the belongings which he had and the suit case which carried his goods were burnt and also sued for damages to the extent of Rs. 1500/ - as he has suffered mental shock and personal injuries.

(3.) BEING dissatisfied with the said order, the petitioner preferred an appeal before the appellate Court. The appellate Court, after hearing the parties, came to the conclusion that the suit in relation to personal belongings or the luggage carried by the petitioner/passenger would not be maintainable under section 80 of the Act because it only applies to the good booked and if the petitioner had filed the suit under the common law of torts, then because of the bar contained under section 19 C.P.C. the suit could not be filed. The appellate Court maintained the order passed by the trial Court. Being dissatisfied by the orders passed by the Courts below, the petitioner has filed this petition under Article 227 of the Constitution of India, challenging the correctness, validity and propriety of the said orders.