DOMINION OF INDIA Vs. AMIN CHAND BHOLA NATH

JUDGEMENT

(1.) THE following question has been referred to the Full Bench :--

(2.) THE facts relevant for the decision of this question are these: The firm Amin chand-Bhola Nath of Jullundur City booked two consignments of tins ingots from ram Kristopur to Jullundur city on the 22nd November 1944 and the 7th July 1645 respectively. The first consignment was delivered at Jullundur city on the 16th december 1945 but it was found to be short by 11 cwts. The date of delivery of the second consignment is not clear from the record but at that time it was found to be short by 5 cwts. There was certain amount of correspondence between the parties after this date and it was on the 28th April 1947 that the consignee filed the present suit for the price of the goods short delivered. The trial Court on the basis of the parties correspondence held that as the railway administration had not refused to deliver the goods up to the 8th January 1947 the suit filed on the 28th April 1947 was within time. Then on the merits the trial Court granted a decree for part of the claim made by the plaintiff-firm. The railway appealed to this Court and challenged the correctness of the court's finding on the question of limitation. The appeal came up before Dulat J. and myself and finding serious divergence of opinion in this Court and in other Courts referred the question reproduced above for decision by a larger Bench.

(3.) IT is conceded before us by both parties as was conceded before the Division bench that in the circumstances of the present case Article 31 of the Indian limitation Act applies. It is also not disputed that there was no time fixed when the goods were to be delivered at Jullundur city. It is also nobody's case that there was any term, in the contract of carriage which expressly or impliedly had any relevancy to the time when the goods were to be delivered at the destination.