UNION OF INDIA Vs. SATYANANDA ROUT

JUDGEMENT

(1.) DEFENDANTS are the petitioners. The plaintiff brought a suit for recovery of Rs. 453-80 np. as 15 baskets of cabbages despatched from Mettupelaiyam to Cuttack were not delivered to the plaintiff. The consignment was despatched on 19-10-58 on payment of higher charges for quick delivery. They were due to arrive at cuttack within 3 or 4 days. This consignment was sold on 26-10-58 at vizianagram Railway Station by auction sale for Rs. 27/ -. The plaintiff claims damages on the ground that the defendants ought to have got his instruction as to disposal, prior to the sale.

(2.) THE defence contention is that the train service was suspended from 20-10-58 till 30-10-58 as the railway lines were submerged under flood. The consignment had to be sold along with other perishable articles in a lot under emergency. The articles being perishable in nature the defendants disposed of those articles and no intimation to the plaintiff was necessary in law before disposal.

(3.) THE learned S. C. C. Judge found that the railway lines had been submerged under water due to flood and the train service was held up from 20-10-58 till 3010-58 and that the consignment in question was unloaded at Vizianagram on 2510-58 and sold on 26-10-58 for Rs. 27/ -. He further held that there can be no room for doubt that on account of natural events over which the defendants had no control there was stoppage of train services rendering it impossible for the consignment in question to be delivered to the consignee in due time. He however came to the conclusion that the defendants were unable to prove that it was commercially impossible for them to communicate either with the consignor or the consignee, and as such the Railway authorities at Vizianagram were not justified in selling the consignment. The suit was accordingly decreed on 8-2-61. Against this order of the learned S. C. C. Judge this revision has been filed.