BABU LAL Vs. DOMINION OF INDIA

JUDGEMENT

(1.) This revision petition raises a question of considerable importance upon which it appears there is a diversity of opinion even in the judgments of the Lahore High Court. The question shortly is this : whether in a suit to recover the value of goods consigned for carriage to a railway on the ground of non-delivery notice of the claim under section 77 of the Indian Railways Act must have been made within six months of the date of delivery of the goods for carriage to the railway. A full Bench of the Lahore High Court - Hill, Sawyers and Company V. The Secretary of State, ILR Lah. 133 (F.B.), held that the meaning of the word 'loss' in Chapter VII o fthe Indian Railway Act includes loss by misdelivery. The case perhaps is not on all fours with the present, but there are certain observations in the judgments delivered which assist the view that 'loss' includes non-delivery. At page 143 of the report it is said :

(2.) Later in East Indian Railway Company V. Piyare Lal Sohan Lal, ILR 10 Lah. 360 : 30 P.L.R. 541 the distinction between a suit based on non-delivery and a suit based upon loss was affirmed. The later decision at present seems to me preferable, but in view of the importance of the matter I think it should be authoritatively decided once and for all, for cases of this nature are very frequent. I therefore refer to a Full Bench the following matter for decision :-

(3.) I understand that similar cases are pending under references to a Division Bench. If this is so, they should stand over until the decision of the Full Bench to be constituted on this reference. The order as to constitution of the Full Bench will be made immediately.