UNION OF INDIA Vs. LALLAN PRASAD SINGH

JUDGEMENT

(1.) This is an appeal by the Union of India, representing the postal department, who were defendant No. 1 in the suit out of which the appeal arises. The admitted facts are these. Defendants 2 to 5 carry on business of commission agency at Chapra, in the district of Saran, in the firm name of Palak Sah Padarath Ram. The plaintiff, who is resident of Gaya district, kept 182 bags of rice in charge of this firm on the 13th May, 1954 with the request that the price thereof should be sent to him after selling the same. On the 16th December, 1954, these defendants posted an insured cover at the Chapra post office addressed to the plaintiff's home address. The plaintiff received the insured cover on the 21st December, 1954 at Usri post office, where he had gone on receipt of an intimation from that post office to take delivery of the cover.

(2.) Then, the case of the plaintiff is that he opened the insured cover in the presence of the post master and two others at Usri post office and found that the cover contained only blank pieces of paper. He then informed the police and the postal authorities about this fact. On the defendants' refusal to pay him this sum of Rs. 2,500/-, said to be contained in the insured cover, he sent a pleader's notice by registered post to them on the 7th April, 1955 and ultimately instituted the suit after service of notice under Section 80 of the Code of Civil Procedure on the 6th October, 1955 on the Union of India.

(3.) The Union of India asserted that the postal department was not responsible for the money, as the insured cover was delivered to the plaintiff with seals intact. Defendants 2 to 5 asserted that they had actually put currency notes worth Rs. 2,500/-in the insured cover and posted the cover at Chapra post office; and they were not responsible for the loss of the money.