CHAUTHMAL AGARWALLA Vs. THE UNION OF INDIA

JUDGEMENT

(1.) THIS is a first appeal from the judgment & decree of the Additional Subordinate Judge, Upper Assam Districts dated 23rd of December, 1949 by which he dismissed the plaintiff's suit with costs.

(2.) THE plaintiff, Chouthmal Agarwalla, brought a suit against the Governor -General of India in Council on 6th December, 1945 claiming a sum of rupees seven thousand odd as compensation for the value of potatoes which had become unfit for human consumption during their transportation from Shillong to Dibrugarh. As a result of the condition of the potatoes the plaintiff refused to take delivery and after complying with legal formalities he brought the present suit. The defendant Railway denied liability on various grounds.

(3.) MR . Lahiri for the plaintiff -appellant has not argued any other questions before us than those involved in the 5th and 6th issues. The facts material to the determination of the 5th and 6th issues are these : -