UNION OF INDIA Vs. KESHARI CHAND GEURCHAND FIRM

JUDGEMENT

(1.) THIS is an application by the defendant--Union of India, against an order of the learned Small Cause Court Judge, Cuttack, decreeing the plaintiff's suit claiming recovery of a sum of Rs. 85/- which was realised by the defendant Railway as under-charge.

(2.) PLAINTIFF's case was that an indent was placed for fifty bags of Kalanji seeds from sasaram in Bihar through the defendant-railway for delivery at the Cuttack railway station. Plaintiff took delivery of the consignment at the Cuttack Railway Station on May 20, 1957. At the time of the delivery the Railway authorities realised an extra freight of Rs. 81/- on the ground, that there has been an under-charge. Plaintiff paid the money and the defendant passed a money receipt in his favour. Thus, the plaintiffs case was that the defendant realised, the under-charge on the ground, that the consignment contained "kalajira", though actually the consignment was o Kalanji Seeds. According to the defendant-railway the freight charge for 'kalajira' is much higher than that for Kalanji seeds. According to the plaintiff, the goods consigned at isasarain in Bihar were known as 'kalanji' Seeds and they were produced before the railway authority and despatched from that railway station after the railway authority granted the receipt mentioning the commodity as 'kalanji' seeds. Thus, according to the plaintiff, the undercharge realised at the Cuttack railway station was illegal and the plaintiff must get a refund of the same. The plaintiff served a notice under section 77 of the Indian Railways Act as well as under Section 80 of the Code of Civil Procedure before filing the suit.

(3.) THE defence was that the consignment in question contained 'kalajira' and not kalanji seeds, and accordingly the under-charge was properly realised. The defendant also took the plea that the suit was not maintainable due to defect in the notice and service.