TIRTHMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed by the plaintiff who has lost the suit in both the Courts.

(2.) The plaintiff brought the suit against the Union of India and the North-Eastern Railway Administration for recovery of compensation on account of shortage in delivery of a consignment of 1,274 pieces of C. R. sheets, which was booked at Rourkela Railway Station on 16-12-1974 under invoice No. 1, railway receipt No. 554820 for delivery at Purnea Court Railway Station on North-Eastern Railway. The consignment had been booked 'self by Hindustan Steel Limited and the plaintiff was the endorsee consignee. It was alleged that out of the consignment 890 pieces of C. R. sheets were delivered on 13-1-1965 and 298 pieces were delivered on 26-8-1965. A short certificate regarding 87 pieces of C. R. sheets, which were not delivered, was issued. A notice under Section 80 of the Code of Civil Procedure to the North-Eastern Railway Administration was served before the institution of the suit. In the suit the plaintiff claimed Rupees 2,565.39 as the price of 87 pieces of C. R. sheets against the Union of India representing the North-Eastern Railway Administration. The Southern Railway, which was the booking railway, was, however, not impleaded in the suit.

(3.) The Union of India filed a written statement and, besides taking other pleas, took the defence that the short certificate should have mentioned the shortage in weight as it could not be said that there was actual shortage of 87 pieces of C. R. sheets. It also took the plea that the suit was bad for non-joinder of Southern Railway.