UNION OF INDIA Vs. BIRI TRADING COMPANY

JUDGEMENT

(1.) This appeal is by the Union of India, representing the South Eastern and Eastern Railways. The appeal is directed against a concurrent decree of the two courts below, decreeing the plaintiff-respondent's suit for recovery of compensation for non-delivery of its consignment, booked at Sambalpur for delivery at Howrah.

(2.) The only point, which has been urged in support of this appeal, is the point of limitation and Mr. Basu has contended, on the authority of the decision of the Supreme Court, reported in 91) Boota Mal v. Union of India, AIR 1962 SC 1716, that the instant suit would be barred by limitation and, upon that view, the concurrent decrees of the two courts below should be set aside and the plaintiff's suit should be dismissed.

(3.) We have considered the matter in the light of the facts before us and, in our view, the point of limitation should not succeed in the instant case. The suit was one for recovery of compensation for non-delivery. To the suit, therefore, Article 31 of the Indian Limitation Act would apply. Under the said Article, the starting point of limitation would be the point of time, when the goods ought to have been delivered and, in the absence of any specific mention of the time of delivery, the goods are to be delivered within a reasonable time. What would be reasonable time in a particular case would depend upon the facts and circumstances of that case. The onus, again, on this point would be on the Railways. This has, indeed, been laid down in the authority (AIR 1962 SC 1716), relied on by Mr. Basu himself.