JANENDRA KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application in revision under Section 25 of the Provincial Small Cause Courts Act by the plaintiff against the judgment and decree passed in a small cause court suit dismissing his claim for damages for the non-delivery of 41 tins of Dalda consigned from Wadi Bandar to Arrah.

(2.) It appears that the consignor on 29th January, 1952, delivered to the railway authorities at Wadi Bandar on the G.I.P. Railway a consignment of Dalda packed in tins comprising 2785 of 10 Lbs each and 600 of 21 Lbs, each under R/R 656/47 for transit to Arrah on the E.I. Railway. The consignment was carried in wagon No. 3935 and it reached Arrah on 9th February, 1952, at about 8.35 P.M. by 276 Down Goods train. At Arrah the consignment was found short of 41 tins of Dalda of 10 lbs each. Hence the suit for the recovery of Rs. 462-8-6 as the price of those 41 tins of Dalda and Rs. 23-8-6 on account of loss of profit at the rate of 5 per cent on the above amount and Rs. 12-8-0 on account of the cost of notices sent for the realisation of the aforesaid claim; thus for total sum of Rs. 498-9-0.

(3.) The Small cause court Judge found that the account of damages as given by the plaintiff in the plaint was correct and this finding given by the trial court has not been challenged now in revision. The only point of controversy raised in this revision is as to whether the loss incurred by the plaintiff is due to the negligence or misconduct on the part of the railway administration and its servants and as to whether the defendant is liable in law for the same.