STATE OF BIHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by the State of Bihar, the plaintiff, is from the judgment dated the 18th December, 1952 of Mr. Kedarnath, Subordinate Judge, Dhanbad, who dismissed its suit because, in his opinion, it had failed to prove that the Additional Deputy Commissioner, Dhanbad, was the consignee of the non-delivered goods and, therefore, it was not entitled to any damages for nondelivery of the same.

(2.) On the 3rd September, 1943, 106 bags of gram, weighing 265 maunds, were booked from Bhelwa to Dhanbad under Invoice No. 4. Railway Receipt No. 214096, dated the 3rd September, 1943. The consignment arrived at Dhanbad on the 15th September, 1943, but as no one turned up to take delivery of the goods, they were auction sold on the 27th July, 1945, whereby Rs. 1728/- was realised.

(3.) On the 12th July, 1943, the Trade Adviser, Patna, instructed the Bihar Commercial Corporation, to despatch to the Additional District Magistrate, Dhanbad, the food-grain in question. Ext. 1(g) is the said letter written by the Trade Adviser, Patna, to the Additional District Magistrate, Dhanbad, in which he instructed the Additional District Magistrate, Dhanbad, that he should not wait for the railway receipt, and, that as soon as the wagons were received, he should take delivery of the goods, and, that the railway receipt will be sent in due course.