UNION OF INDIA Vs. ATAM SINGH

JUDGEMENT

(1.) This is defendants second appeal against whom the suit for the recovery 1,700.00 and costs has been decreed by both the Court below.

(2.) The plaintiff through his son Sewa Singh, consigned two bales of hand-loom cloth from Panipat to Tata Nagar Railway Station on Dec. 15, 1972. The plaintiff contained the railway authorities for taking delivery of the said bales, but he was told that out of the two bales, one bale was missing. Accordingly, the delivery of one bale was given to him. The delivery of the second bale was not made over to him because the same seemed to have been lost in transit. Thus, be filed the suit for the recovery of Rs. 1,700.00. In the written statement, the allegations of the plaintiff were controverted. An objection was raised that the civil Court at Karnal had no jurisdiction to try the suit. The trial Court found that no evidence had been led by the defendant rebutting the claim of the plaintiff and, therefore, the plaintiff was entitled to recover Rs. 1,700.00 from the defendant. The plea of the defendant that the Karnal Court had no jurisdiction was negatived. Consequently, the suit was decreed on Feb. 10, 1978. In appeal, the learned Additional District Judge Karnal, affirmed the said findings of the trial Court and, thus, maintained the decree passed in favour of the plaintiff.

(3.) After going through the impugned order, I do not find any merit in this appeal. The findings arrived at are concluded by the findings of fact ; hence no interference is called for in second appeal. Consequently, the appeal fails and is dismissed with no order as to costs. Appeal dismissed.