SURAJ MAL TEWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) :- This revision petition arises from the decree passed by the Assistant District Judge (1) Cachar in M. S.No.1 of 83 allowing the appeal by setting aside the judgment and decree passed by the Sadar Munsiff (2) Silchar in Money Suit No.259 of 1980.

(2.) The plaintiff-petitioner filed a suit for recovery of Rs. 2767.53 against railway authority as compensation for short delivery of 104 handloom saries. On 30-9-77, 107 handloom saries were booked from Man Railway Junction to Silchar Railway Station. Out of 107 saries railway delivered only 3 saries to the plaintiff and 104 saries were not delivered. Compensation was preferred in writing by the plaintiff on 7-10-80.

(3.) The only question for consideration in this case is whether compensation was preferred beyond the time prescribed under S.78-B of the Indian Railways Act, and, therefore, the suit is not maintainable.