UNION OF INDIA Vs. BAIJNATH MADAN LALL

JUDGEMENT

(1.) These two appeals are directed against a decision of the Subordinate Judge, Patna, in Money Suite Nos.1 land 11 of 1944, which were tried analogously by him. The appellant was the defendant in both the suits.

(2.) The suits were for the recovery of damages for short delivery and for loss due to delay in the delivery of two consignments of Indian cotton piece goods made over to the B. B. and C. I. Railway at Ahmedabad on 10-4-1948 for transport to and delivery at Bigha Ghat on the O. T. Railway. In the ordinary course, these consignments should have arrived at Digha Ghat in the first week of May. Actually they arrived on 8-11-1943. The consignee finding them to be in a damaged condition, took open delivery on 23-11-1943. Shortages were found in both the consignments, Rs. 696 in Money Suit No. 11 of 1944 and Rs. 227 in Money Suit No. 1. The plaintiffs claim these amounts on account of the short delivery, and, on account of loss due to late delivery. They base their claim on the difference between the market prices of cotton piece goods on She data when the consignments should have been delivered and on the date when they were, in fact, delivered. The Subordinate Judge has held that, during this period, there was a depreciation in the price of 25 per cent, of the value on the date when the goods should have been delivered. He has decreed the suits accordingly.p-

(3.) The appellant does not challenge the decrees so far as they relate to short delivery. As regards delay in delivery, two points are urged on his behalf: