UNION OF INDIA Vs. ORISSA TEXTILE MILLS LTD

JUDGEMENT

(1.) THIS is an appeal against the decree passed by the Additional Subordinate judge. Cuttack allowing the claim for damages in favour of the plaintiff.

(2.) THE plaintiff-respondent indented 99 bales of cotton from Messrs Rallis India ltd. . for delivery at Charbatia Railway Station situate on the South Eastern railways Messrs. Rallis India Ltd. handed over 99 bales of cotton in sound packing condition to the Western Railway (defendant No 1) at Gorakhpur. The said goods were booked under Invoice No. R. R. 73820 dated 21 3-59 ex-Gorakhpur to charbatia. The railway receipt was duly endorsed in favour of the plaintiff. Out of the 99 bales 49 bales were delivered in good condition to the plaintiff at the charbatia Railway Station on 12-4-59. The remaining fifty bales arrived at the said railway station in a different wagon on 26-4-59. These bales were found to have been partly burnt. The plaintiff demanded assessment delivery and accordingly assessment delivery certificate (Ext. 1) was given on 30-9-59 showing the details of the percentage of damages caused in respect of the said fifty bales. The plaintiff gave necessary notice under Section 77 of the Indian Railways Act and under section 80 of the Civil Procedure Code claiming payment of damages on the basis of the loss incurred by him. He made all the four railways connected with the transit of the goods, defendants to suit. The defendants having failed to pay him the claim amount, the plaintiff filed the suit for realisation of damages to the extent of Rs. 6345-12 P.

(3.) OF the four defendants only the Northern Railways (defendant No. 2) and the south Eastern Railway (defendant No. 4) contested the suit, their case being that no damage was caused to the goods in transit on those railways and that there was no negligence or misconduct on the nart of any of their officers.