SURAJMAL KEDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the judgment and decree of the District Judge, Santhal Parganas, Dumka, modifying those of the Subordinate Judge, Deoghar.

(2.) The plaintiff instituted Money Suit No. 13 of 1947 in the court of the Subordinate Judge, Deoghar, against the defendant-respondent for realisation of Rs. 4,522/8/- representing the price of ten bales of cotton yarn along with the approximate profit and the railway freight.

(3.) The case of the plaintiff was that Messrs, Lachminarain Gouri Shankar of Gaya tendered to the Bengal Nagpur Railway at station Nagpur a consignment of 40 bales of cotton yarn for carriage to Baidyanath Dham Railway Station. The railway receipt was duly endorsed in favour of the plaintiff. On presentation of the railway receipt at B_aidyanath Dham Railway Station, the East Indian Railway Company delivered to the plaintiff only 24 bales of cotton yarn on the 14th of June 1946 and another six bales of cotton yarn on the 17th of June 1946, but the remaining ten bales out of the consignment were not delivered to him. After waiting for a sufficiently long time, the plaintiff, through his pleader, complained to the Chief Commercial Manager (Claims), East Indian Railways, who in his letter dated the 10th of September 1946 informed him that the matter was under inquiry. As the railway company failed to deliver the remaining ten bales of yarn, the plaintiff filed the present suit on the 2nd of June 1947.