JATANLAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is plaintiffs' second appeal and is directed against the appellate judgment and decree of the District Judge, Aimer dated 22 1 1963 accepting the defendant respondents' appeal and dismissing the plaintiffs' suit"

(2.) THE relevant facts are these - On 21. 4. 1952, 160 bags of Laddu Jagree (Gur) weighing 404 mds, and 85 bags of 'khandsari' sugar weighing 216 mds. 30 srs, were tendered by firm Brahmanand Sadhuram of Sambal Hatim Sarai for conveyance to Nasirabad. THE goods were accepted by the staff of the Railway under Invoice No. l/wr/733681. In the Railway Receipt the consignor mentioned the consignee as self. THE Railway Receipt with a hundi for Rs. 7,000 was sent by the consignor to the United Commercial Bank, Ajmer. THE plaintiffs' firm Ghisalal Jatenlal who carry on business as Commission Agent paid Rs. 7,000 to the Bank and obtained an endorsement of the Railway Receipt in their favour. Subsequently, the plaintiffs obtained delivery of the goods but there was shortage of goods. THE plaintiffs, therefore, filed a suit against the Union of India through the General Manager W. R. Bombay and the General Manager, N. R. Delhi, for damages.