REKHAB CHAND SOMANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a suit against the Union of India for recovery of Rs. 2500/- as the value of the contents of a steel trunk made over to the East Indian Railway at Fairlie Place Booking Office for safe carriage to Napasar. The said parcel was covered by a receipt L. L. Ticket No. 274819 dated 12-6-1948. The plaintiff alleges that the parcel met despatch on Tune 13, 1948 in G. I. P. Wagon No. 15157 to Delhi but it was never delivered to him. He states in his plaint that by letter dated 19-2-1949 the servants of the defendant informed him that enquiries were being instituted and a report would be made on the subject but no such report was made in spite of reminders. This suit was instituted on September 6, 1951 after the service of notice under Section 77 of the Railways Act and Section 80 of the Code of Civil Procedure. Particulars of the contents of the trunk and their value are given in paragraph 8 of the plaint totalling Rs. 2504/8/-.

(2.) In the written statement which' was filed on 9-4-1952 the defence taken is that there was no negligence or default or breach of duty on the part of the defendant. The correctness of the particulars of paragraph 8 of the plaint is not admitted nor is the sufficiency or the validity of the notices referred to in the plaint. The plea of limitation is also taken.

(3.) Learned counsel for the defendant submitted that as the plaintiff's suit was bound to fail on the question of limitation, the suit should be decided on that preliminary issue. For the purpose of this issue, the parties did not choose to call oral evidence and were content to rely on the brief of correspondence which was marked Exhibit A by consent.