DOMINION OF INDIA Vs. FIRM BRIJ AND CO

JUDGEMENT

(1.) This appeal was brought by the Dominion of India now the Union of India against a judgment and decree of Mr. J.N. Kapur, Subordinate Judge, Ist Class, Amritsar, dated the 22nd of December, 1948 decreeing the plaintiffs suit with costs.

(2.) Firm Gangadhar-Nathamal of Calcutta consigned the goods in dispute which consisted of some chests and bundles of tea on the 16th of July, 1947 to self and endorsed the Railway Receipt in favour of the Imperial Bank of India who in turn endorsed it to the plaintiffs on the 7th of August, 1947. In this case there is non-delivery of the whole of the consignment and the plaintiffs claim Rs. 12,294/3/3 as compensation for this non-delivery.

(3.) The defence was that the goods had been received at Amritsar on the 23rd of July, 1947 and they remained in the railway station yard upto the 28th of July, 1947 when they were, through a mistake, sent away to Moghalpura near Lahore on the 28th of July, 1947, that the Railway Receipt was not presented till the 6th of September, 1947; that the goods were at Badami Bagh railway station and efforts were being made to get them back; that there was no misconduct or neglect on the part of the railway, and the loss, if any, was due to the laches of the consignee; that the costs of the goods claimed by the plaintiffs was not admitted and also that the plaintiffs were not owners when the goods arrived at the Amritsar railway station.