LAXMINARAYAN GOBINDRAM Vs. UNION OF INDIA

JUDGEMENT

(1.) PLAINTIFF is the appellant. Plaintiff claimed Rs. 1168/- as damages on account of shortage of sugar of 31 maunds 103/4 seers. The consignment was delivered to north Eastern Railway for delivery at Bamra Station on South Eastern Railway.

(2.) THE North Eastern Railway did not contest the suit. The South Eastern Railway filed a written statement admitting the quantum of damage but challenging the notice under Section 77 of the Indian Railways Act.

(3.) THE learned Munsif held that the plaintiff had failed to prove that the loss occurred on the South Eastern Railway and that the plaintiff had cause of action against the North Eastern Railway hut not against South Eastern Railway. He further held that there was valid service of notice on South Eastern Railway under section 77 but there was no service on North Eastern Railway. He accordingly dismissed the suit against both.