KRISHNA KUMAR GIRDHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal arises out of the judgment and decree dated 24.7.1979 passed by the Additional Sub-Judge, Araria, in Money Suit No. 54 of 1976/3 of 1979.

(2.) The plaintiff is the appellant and the defendant is the respondent. The suit was filed for realisation of a sum of Rs. 18,397.50 paise for compensation and damages.

(3.) In short, the case of the plaintiff was that six wagons containing middling coal weighing 334.50 tones were entrusted to the Railway in perfectly goods order and in sound condition and booked under Railway Invoice No. 1, 2, 3, 4, 5 and 6 and Railway Receipts No. 647077 to 647082 all dated 18.10.1973 at Swang siding a station on the line of Eastern Railway for carriage at Railway risk and to carry the said Consignment from thereto Jogbani, a station on the line of North-East Frontier Railway and for delivery of them at the detention to the consignee named in the Railway receipts in the same quantity, quality and bulk as was originally entrusted to the Railway. The consignee of the suit consignments Mithila Vyapar Nigam Validly endorsed the Railway receipts in favour of the plaintiff for valuable consideration and thereby the plaintiff became the owner of the goods for value. On approaching for delivery of these suit consignments by the plaintiff through his Representative, the defendant Railway Administration failed to deliver it and the station official endorsed on the aforementioned Receipts 'NR' indicating non- receipt of the consignment, on account of which the plaintiff suffered loss to the extent indicated above. The further case of the plaintiff is that despite notices under Section 78-B of the Indian RAILWAYS ACT, 1989 and Section 80, CPC the claim was not settled and hence the suit was filed.