ASIA UDYOG LTD Vs. DAULAT RAM KAPUR

JUDGEMENT

(1.) This is an appeal filed by Asia Udyog Limited, which is a successor Company of Dalmia Jain Airways Limited Delhi (hereinafter referred to as Company) challenging a decree granted to Daulat Ram Kapur in a suit brought by him for recovery of Rs. 2,193/12/- as compensation for the loss of woollen goods sent to Srinagar from Amritsar by the plaintiff through the defendant Company, which acted as a public carrier.

(2.) The facts of the case briefly stated are as follows: On the 19th of March, 1949, the plaintiff delivered a package of woollen cloth for carrying the same by air to Srinagar to be delivered to Ahmad Ullah Nakki. That package was never delivered. There was some correspondence between the parties and the suit out of which the present appeal has arisen was filed on the 19th of July,. 1950. The same was resisted on various grounds including the plea of limitation, and a number of issues were settled, which it is not necessary to give in detail. The learned trial Court held that the goods in question were lost due to no fault of the Company, and that the suit was barred by time and consequently dismissed the same. In appeal, the findings of the Court below on these two issues were reversed by the learned District Judge, who decreed the suit to the extent of Rs. 1839/13/6, the value of the goods as found by the trial Court.

(3.) Before us the only point urged was that the decision of the Court below on the issue of limitation was incorrect. for the proper decision of this issue, it is necessary to give in detail the facts as have been established on the record. The package was handed over to the City Office of the Company at Amritsar on the 19th of March, 1949. The same was sent to the aerodrome on the 20th of March, 1949, and was actually put in the plane going for Srinagar on the 29th of March, 1949. It appears that the package was lost while the same was being conveyed in the Company's lorry from the aerodrome to the City Office of the Company at Srinagar. It is a common ground between the parties that thereafter several enquiries from the Company were made, but the Company was not in a position to give any definite reply. On the 8th of June, 1949, on an enquiry made by the plaintiff, vide Exhibit P. 8, the defendants informed the plaintiff vide Exhibit P. 7 that the goods in question were sent to Srinagar on the 29th of March, 1949. It is further clear from the letter dated the 17th of June, 1949, Exhibit P-9 that plaintiff was informed by the Srinagar Branch of the defendants on the 7th of June, 1949, to the following effect: "The contents of this cover note have not arrived so far." Thus the plaintiff knew that the goods dispatched from Amritsar on the 29th of March, 1949, were not available at the Srinagar Office of the defendant firm on the 7th of June, 1949, though ordinarily it should not take more than a few hours for the journey to be performed by the plane from Amritsar to Srinagar airport and it should take a few hours more thereafter for the goods to be taken to the City Office and being delivered there. The correspondence between the parties, however, continued till on the 7th of July, 1949, vide Exhibit D. 8 the Company informed the plaintiff as follows: