MAHENDRA NATH CHAUDHURY Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THIS is a Plaintiff's appeal of damages against rising out of a suit for recovery the North -East Frontier Railway, Pandu, on account f the alleged injury caused to the goods sent by him through the Railway.

(2.) ACCORDING to the Plaintiff, two consignments tea consisting of 54 chests were booked from angaigaon to Alipurduar on 5th October 1956 and the October 1956, respectively, in favour of the plaintiff himself. The allegation of the Plaintiff is that due the negligence of the Railway and misconduct on le part of the employees of the Railway, all the bests were kept exposed and they got drenched in line water during transit resulting in severe deter Oilton of the tea contained in the said chests. The Plaintiff by a letter dated 16th October 1956 asked for a open delivery of the goods as he suspected that le contents of the chests must have got damaged as lay got wet with rain water. On this, he was replied lat necessary instructions were given to the Assistant inspector, Alipurduar Junction, to grant assessment delivery of the said consignments without prejudice provided outward condition of the packages warrant -the same. Another letter was sent to the Plaintiff the District Traffic Superintendent, N.F. Railway lipurduar Junction, on 1st February 1957, telling in that the Assistant Inspector, Alipurduar Junction, informed the District Traffic Superintendent that 3 went. on several days to the Alipurduar Station it the Plaintiff refused to turn up since 17th October 1956 for taking delivery of the consignments, further request was, however, made to take delivery the consignments on lath February 1957 when the inspector was to be present to give effect to the delivery. On 20th February 1957 the Plaintiff wrote to the General Manager, North -pur, as follows:

(3.) MR . Sarma, the learned Counsel for the Appellant, has very strenuously contended that even if Article 30 of the Limitation Act applies to the facts of the present case, the suit is not barred by limitation. Article 30 of the Limitation Act reads as follows: