DAMODAR DEBATA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a plaintiffs application in revision against the judgment of the Small Cause Court Judge, Cuttack, dismissing the plaintiffs suit. Plaintiffs simple case was that he consigned 44 baskets of mangoes from Kantakapalli to Cuttack on 2 -6 -52 under the parcel way bill, Ex. I. In ordinary course, this consignment should have reached the destination the next day, that is, on 3 -6 -52; but on account of gross negligence and delay on the part 01 the Railway Administration, the parcel reached its destination on 5 -6 -1952 with the result that the contents were found to be rotten and unfit for human consumption.

(2.) BUT at the time of actual hearing in the Court below, the validity or otherwise of the notice was not challenged by the defendant, and it was not also very seriously disputed that there was some delay in the transit. The learned Small Cause Court Judge after going through the evidence, both oral and documentary, has come to the finding that there was a delay of two days. Therefore, the only question argued by Mr. Sen, learned counsel on behalf of the petitioner, was whether there was any misconduct or negligence on the part of the Railway Administration due to this delay.

(3.) AS regards the amount under claim there does not appear to be any evidence to show that the claim is either untrue or exaggerated.