FIRM SUKHDEO ATMARAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff in a suit for recovery of compensation, against the Union of India as representing the Northern. Railway.

(2.) PLAINTIFF's case was that on 1st May, 1948 one consignment of a bale of cloth was book ed from Ahmadabad for Jodhpur by Messrs. Bherulal Champalal under railway risk note form B. The Railway receipt for this consignment was assigned to the plaintiffs, but the railway administration failed to deliver the consignment to the plaintiff, at Jodhpur Railway Station. The plaintiff thereafter preferred a claim under Section 77 of the Indian Railways Act, but no delivery as given and its claim after some correspondence was finally repudiated on 4th August, 1950.

(3.) THE defendant resisted the suit and inter alia pleaded that it was barred by limitation.