UNION OF INDIA Vs. BHAGWAN SAH

JUDGEMENT

(1.) This is an application in revision by the defendant (Union of India).

(2.) The material facts are these: The plaintiff-opposite party brought a Small Cause Court Suit (No. 8 of 1953) in the Court of the Munsif, second Court, Muzaffarpur, exercising Small Cause Court Powers, for recovery of Rs. 221 as price of the consignment which the defendant (the Railway Administration) failed to deliver to the plaintiff. The allegation was that the defendant (the Railway Administration) on account of its negligence, had failed to deliver the consignment in question. On 31st October, 1951, two cases of mixed paint had been consigned for delivery to the plaintiff at Muzaffarpur from Howrah. The consignment did not reach the plaintiff and, thereafter, the plaintiff wrote to the Railway Administration and the latter replied that, as the consignment had been burnt due to accidental fire, it was not liable. Then, the plaintiff served the usual notices and instituted the present suit against the Railway Administration on 2nd January, 1953.

(3.) The defence of the petitioner, on amongst others, was that the Railway Administration was not guilty of negligence on its part as the goods had been lost by accidental fire which was beyond its control.