RAJENDRA PRASAD SINGH Vs. GOVERNOR GENERAL IN COUNCIL

JUDGEMENT

(1.) This is a plaintiff's appeal which arises out of a suit for recovery of money by way of damages.

(2.) Admittedly, on 20-2-1944, the plaintiff purchased and booked 75 tins of butter weighing 374 maunds from Kamtaul station (O.T. Railway) for Chapra Station (O.T. Railway) per railway receipts Nos. 286503 and 284505, and the said consignments reached Chapra Station on 21-2-1944, by 143 up parcel express train at 7.5 a.m. The case of the plaintiff is that the butter was to be delivered to the plaintiff at Chapra and he had to supply it to Mr. G.P. Saraf, military supplier at Chapra, on 21-2-1944. The plaintiff endorsed the aforesaid railway receipts when the said consignments reached Chapra on 21-2-1944, and handed them over to the station Master. The consignments, however, owing to culpable negligence and misconduct of the railway servants, were not unloaded at Chapra and were carried Over to Bhatpar Rani Station (O.T. Railway) where they were unloaded. Attempts were made on behalf of the plaintiff to have the consignments rebooted for Chapra so as to be delivered to him at that place, but notwithstanding all efforts they could not be delivered to the plaintiff. The butter ultimately deteriorated and was spoiled. The plaintiff, therefore, instituted the suit for recovery of Rs. 4003/2/6 as being the price of the butter, Rs. 800/10/- as profit at 20 per cent. which would have been made in case the consignments had been delivered to him in time, Rs. 246/12/- as interest at 12 per cent. per annum from 21-2-1944, to 25-7-1944, Rs. 1500/- as general damages and Rs. 400/- by way of loss suffered by him on account of taking steps for delivery of the consignments. The total claim that was made amounted to Rs. 6950/8/6.

(3.) Defendant No. 1 is the Central Government of India, Governor-General in Council, and defendant No. 2 is the O.T. Railway through General-Manager, O.T. Railway, Gorakhpur, district Gorakhpur. The suit was contested only by defendant No. 2 who will be referred to hereinafter as the defendant. The defendant did not deny that the butter was to be supplied by the plaintiff to Mr. G.P. Saraf at Chapra. The suit was, however, contested on the ground that the consignments were not carried over to Bhatpar Rani due to the negligence of the railway staff. The defence as raised was that the plaintiff with dishonest motive and for reasons best known to him, in spite of having signed in the railway receipts and the register, managed not to get the tins unloaded at Chapra Station and allowed the same to go up to Bhatpar Rani where they had to be unloaded, and the Station Master of Bhatpar Rani suspected some foul play by the plaintiff as he found the tins near the end of the eastern platform after the departure of 143 up, and from an enquiry from the plaintiff he was informed that the tins had been brought for booking to Gorakhpur. It is alleged that, after having suspected the statement of the plaintiff, the Station Master of Bhatpar Rani reported the matter to the Sub-Inspector of police at Khampur, who ordered him to detain the tins until a thorough inquiry was made into the matter. The defence has raised a further plea that on 7-3-1944, the Station Master of Bhatpar Rani was ordered by the Traffic Manager, O.T. Railway, to send the tins to Chapra booked under prepaid way bill or invoice as the owner desired, no wharfage being charged, but in spite of the said order having been passed and the plaintiff having been instructed to take delivery accordingly, refused to do so, whereupon on 24-3-1944, the Station Master of Bhatpar Rani had to report to the Traffic Manager that the owner refused to pay the railway freight and also to produce the Magistrate's permit for booking the tins, which was quite essential, there being a ban on the transport of butter outside Gorakhpur district. It is also said that in spite of repeated asking the plaintiff did not produce the permit and show his readiness to have the tins booked on payment of all the railway charges due, and, there-fore, the consignments remained undelivered and, at last, was taken possession of by the Sub-Inspector of police, Chapra under the Defence of India Rules.