KRISHNA CHARAN GUIN Vs. GOVERNOR

JUDGEMENT

(1.) This rule was obtained by the petitioner Krishna Chandra Guin. It is directed against the decision of Mr. D. N. Chakladar, Munsif, 3rd Court, Midnapore, exercising Small Cause Court powers, whereby he dismissed the petitioner's suit for recovery of a sum of Rupees 152, alleged to be the price of goods consigned for carriage by the B. N. Railway administration represented by the defendant opposite party, and not delivered to the consignee.

(2.) The facts of the case are that Joseph Herber & Co., Calcutta self-consigned a package for carriage by the B. N. Railway from Esplanade, Calcutta, to Midnapore. In the forwarding note, the consignor described the package as containing Gramophone Records and declared the value to be Rs. 99 only. The plaintiff petitioner purchased the goods from the consignor and took an open delivery of the package at Midnapore Railway Station. A part of the contents of the goods was not delivered by the B. N. Railway. After service of the requisite notices, the petitioner filed this suit for recovery of a sum of Rs. 152 being the price of goods not delivered to him. The defendant denied liability; the material defence with which we are now concerned, is a plea under Section 75, Railways Act.

(3.) The trial Judge gave effect to this plea and dismissed the suit. The plaintiff has moved this Court in revision.