UNION OF INDIA Vs. JETHA BHAI NINSHI

JUDGEMENT

(1.) This is a second appeal by the defendant and arises out of a suit for recovery of Rs. 1291/3/6 on account of non-delivery of 5 bags of betel-nuts weighing 10 maunds and 5 bags of black pepper weighing 9 maunds 37 seers 8 chataks, plus a small shortage in two bags to the extent of 1 maund 7 seers of black pepper, from a consignment which the plaintiff-respondent had booted from Howrah to Patna Ghat railway station. It is not in dispute that the consignment was booked under risk note forms A and Z. In the former risk note, it was stated that the stitches of the bags were weak and liable to driage, and the contract between the parties was expressed in the following material term:

(2.) The relevant terms of risk note Z were:

(3.) The consignment in question was booked on 22-12-1945, and was duly loaded in wagon No. 12323 and sealed and riveted for Patna Ghat and despatched from Howrah on 23-12-1945. At all the intermediate stations the seals and rivets were checked and found to be intact. The wagon in question arrived at Patna City on 27-12-1945, and the watchman on duty found that the southern side of the wagon was without seal but the rivets were intact. It was then found that the consignment was 10 bags short, and there, was a small shortage in two bags as well.