NAND RAI GAJANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) 1. This is an application under Section 25 of the Small Cause Courts Act filed by the plaintiff against the Judgment and order of the Small Cause Court Judge dismissing its suit for recovery of damages for loss caused to cotton yarn which was booked from Wadibandar for being sent to Darbhanga.

(2.) It appears that, on the 31st May, 1963, four bales of cotton yarn were booked under railway risk, as stated above, and the consignment reached Darbhanga in damaged condition. An open delivery was given, and the damage was assessed, on the 21st June, 1963, as claimed in the suit.

(3.) The suit was contested by the defendant on the ground of want of notices under Section 77 of the Railways Act and Section 80 of the Code of Civil Procedure and also on the ground that the Picking was not in accordance with the Tariff Rules, and the damage was not caused due to any negligence of the railway.