SETH SURAJBHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a civil revision against the judgment of the Civil Judge, Dholpur, dated the 16th March, 1951, Confirming the judgment and decree of the court of the Munsif, Dholpur of the 23rd of August, 1949 by which the suit of the Plaintiff was dismissed.

(2.) THE plaintiff, Seth Surajbhan, Proprie-tor of Dholpur Glass Works, filed a suit against the Governor-General, Dominion of India, representing the Great Indian Peninsula Railway and the North Western Railway, now known as the Western Punjab Railway with the allegations that the plaintiff booked nine packages of goods to Bannu from Dhol pur Railway station by goods train per Railway Receipt No. 69 (34/50 on the 21st of September, 1944. THE goods were consigned to self and the Railway Receipt was sent to the consignee through a Bank but the consignee did not care to claim the delivery and the Railway Receipt was returned to the plaintiff through the Bank. THE plaintiff wrote to the Station Master Bannu, and also to the lost Property Office, Lahore, on the 31st January, 1945 to re book the said consignment to Dholpur at his expense but the Railway authorities did not comply with this request nor did they acknowledge receipt of the letter. It was claimed that the defendant was guilty of wrongfully withholding the plaintiff's goods or wrongful conversion of the same and was bound to compensate the plaintiff for his losses. It was stated that the Price of the goods was Rs. 275/- and Rs. 25/- was claimed as interest therein along with Rs. 5/-as cost of notices served on the defendant. In all a claim of Rs. 305/- was made.