UNION OF INDIA Vs. SHREELAL GOKULCHAND

JUDGEMENT

(1.) THIS First Appeal has been filed by the defendant No.1 against the Judgment and Decree dated 14th January, 1980 passed by the learned Subordinate Judge, Barh in Money Suit No.22 of 1975 whereby the lower Court decreed the plaintiff's money suit.

(2.) THE plaintiff filed the aforesaid money suit claiming realization of Rs.24,998.00 along with interest pendete lite and future. The plaintiff's case in short is that the firm is registered partnership firm. The plaintiff placed order with defendant No.2 for purchase of 251 bags of Maize. Each bags containing 91 k.g. The defendant No.2 booked the aforesaid consignment of Maize at Kartarpur Railway station under 3 railway receipts dated 10.11.1972 and the railway receipt and invoices accompanied with demand draft was drawn by defendant No.2 in favour of defendant No.3 on 31.11.1972. The same was presented by Punjab National Bank, Bhagalpur to the plaintiff and the plaintiff paid Rs.18018.80.00 paise along with charges of Rs.55.60.00 and obtained the 3 railway receipts which was duly signed and endorsed in favour of the plaintiff. The plaintiff came to receive the delivery at Barh railway station but the railway administration did not deliver the consignment. Subsequently, the plaintiff filed claimed for compensation but in spite of notice, the Railway neither paid the compensation nor delivered the consignment as such the plaintiff suffered loss of Rs.24,998.00. The plaintiff thereafter served a notice under Section 80 C.P.C. and 78-B of the Indian Railway Act on the Union of India. Defendant No.2 was entrusted to purchase the goods and disburse the same to the plaintiff and for that they withdrew the money. As such the defendant No.2 is liable to refund the amount with interest. Defendant No.3 is also equally liable to pay the damage.

(3.) THE defendant No.2 and 3 filed common written statement alleging that on receiving the order from the plaintiff, they dispatched 251 bags of Maize from Kartarpur Railway station under 3 railway receipt. The consignment was loaded on 10.11.1972 in the wagon thereafter railway receipts were sent on 11.11.1972 to the plaintiff through Punjab National Bank. They received the entire price of the goods and the plaintiff paid the same to the Punjab National Bank. Thereafter, these defendants had nothing to do with the consignment. After receiving notice from the Railway administration, on 27.7.1973, these defendants sent reply to the effect that they had already received the price as such they have nothing to do with the consignment.