BALLI MAL Vs. DOMINION OF INDIA

JUDGEMENT

(1.) This is an appeal brought against an appellate decree of District Judge Dalip Singh dated 8-1-1949 confirming the decree of the trial Court whereby the suit of the plain-tiff was dismissed on the ground of limitation.

(2.) The goods were despatched by Gowardhan Das Jai Lal of Rawalpindi to Panipat on 4-8-1944 and when the plaintiff who is the assignee of the Railway Receipt went to receive goods at the Railway Station he was offered six 'boras' of inferior wool weighing ten maunds on 4-10-1944. This he refused to accept because the goods were not his and they were of an inferior quality. A suit for the recovery of the price of goods was brought on 14-1-1946, but the suit was dismissed on the ground that Article 31, Limitation Act applied and that the date when the goods ought to have been delivered was 4-10-1944. This finding was confirmed on appeal to the District Judge.

(3.) Mr. Chiranjiva Lal Aggarwal has in support of the claim of the plaintiff put forward two arguments (1) that Article 49, Limitation Act applies, and (2) that even under Article 31 the period of limitation begins from the date when the Railway finally refused to deliver the goods.