BIHAR AGENTS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application in revision by the plaintiff under Section 25 of the Provincial Small Cause Courts Act against the decision of the learned Small Cause Court Judge dismissing its suit.

(2.) The short facts are that one bale of cloth was despatched from Ahmedabad to Bhagalpur on the 1st of April. 1954, the bale arrived at the station or destination in a pilfered condition, open delivery was given to the plaintiff on 10-5-1954 and 39 pieces of sarecs were Found short, that is to say, the package was delivered to the plaintiff, but 39 pieces of sarees were not delivered out of it. The plaintiff, therefore, filed the suit claiming compensation of Rs. 331/- for the short delivery, and also claimed interest pendente lite and future. The defence, in short, is that the goods were defectively packed, and, therefore, the case was covered by Section 74A of the Railways Act, and the plaintiff was not entitled to claim anything, unless it proved negligence or misconduct on the part of the railway administration or its servants. Other pleas were also raised in the written statement, but it is not necessary for me to state them. I would, however, state that the onus to prove the amount of compensation was thrown on the plaintiff.

(3.) The learned Small Cause Court Judge has held that the short delivery was due to the negligence or misconduct on the part of the railway administration or its servants, but he has dismissed the suit on the ground that the plaintiff has failed to establish the price of the 39 pieces of sarees which were delivered short, as it failed to produce its account books.