RAMESWARLAL SREENARAIN A FIRM Vs. UNION OF INDIA

JUDGEMENT

(1.) The plaintiff-appellant's claim inter alia is for recovery of price for 13 bales of staple fibre yarn out of a consignment of 15 bales, which were not delivered by the railways.

(2.) The learned Subordinate Judge, while holding that the claim of the plaintiff was not time-barred, came to the conclusion that there was no negligence or misconduct on the part of the railway administration. In the absence of any proof of successive endorsements, two in number, he also found that the plaintiff had no right to sue.

(3.) On 1st January, 1952, a consignment of 15 bales of staple fibre yarn was booked at Raja Palayam station (Southern Railway) for delivery, under Invoice No. 4, at Shalimar (Howrah; Eastern Railway). The plaintiff obtained delivery of only 2 bales on 28th January, 1952. A short certificate was given on the following day. The goods were booked at owner's risk,