MAHESH METAL WORKS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff, whose suit for recovery of Rs. 2322. 44 paisa on account of short delivery of goods by the Railway was dismissed by the learned Civil Judge, Kishangarh. The plaintiff was unsuccessful in the first appeal also and consequently he has filed this second appeal from the judgment and decree of the District Judge, Ajmer dated 16-3-1966.

(2.) THE plaintiff-appellant carries on business of manufacture and sale of brass and copper wares at Madanganj, Kishengarh. It imported 2037 ingots of electrolytic copper from Canada and entrusted them to the defendant No. 2, the Trustees of the Port of Bombay (which expression will hereinafter be referred to as BPT) for transmission and delivery to the plaintiff at Kishengarh. At the time of delivery the consignment was found to be short by 26 ingots, that is only 2011 pieces were delivered. It was alleged that the short delivery was due to misconduct or negligence on the part of either the Western Railway or the BPT. After serving a notice dated 16-12-60 on the Western Railway, copy of which has been placed on the record and marked Ex- 1 the plaintiff filed the present suit in the Court of the Senior Civil Judge, Kishengarh for recovery of Rs. 2322. 44 paisa on account of the price of 26 copper ingots, interest etc. on 19-9-1961. It may be stated here that originally the suit was filed against the Union of India represented by the Western Railway through its General Manager alone and subsequently it was amended on 30-9-1961 so as to add BPT Railway as defendant No. 2.