UNION OF INDIA (UOI) Vs. A C MUKHERJEE

JUDGEMENT

(1.) This is an application under Section 25 of the Provincial Small Cause Courts Act directed against a decree made by a learned Small Cause Court Judge at Howrah, in a suit brought against the Union of India representing the railway administration for recovery of compensation in the sum of Rs. 697-3, being the price of potatoes which were said to have been damaged on account of misconduct on the part of the railway administration.

(2.) The facts are that on December 27, 1952, a consignment of potatoes was booked from a station on the North Eastern Railway for delivery to the Plaintiff-opposite party at Howrah. When the goods arrived at the destination, contents of some of the bags were found damaged, whereafter on February 25, 1954, the Plaintiff-opposite party brought a suit for recovery of compensation for short delivery of the consignment against the Petitioner, the Union of India representing the railway administration in the court of Small Causes at Howrah. The allegation was that there was misconduct on the part of the railway administration.

(3.) The Defendant-Petitioner contested the proceedings and filed a written statement. It was pleaded that the Petitioner could not be held-liable inasmuch as the consignment had been booked and carried at owner's risk.