PYARI DEVI SMT Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a revision application by the plaintiff against an appellate decree of the Civil Judge, Beawar, dismissing her suit for recovery of money by way of damages for short delivery of coal which was decreed by the trial court.

(2.) A consignment of coal weighing 22 tons and 7 cwt. was despatched from Dhuri railway siding on the Eastern Railway by the Zuria Colliery to the plaintiff at Bijay Nagar Railway Station on the Western Railway in an open broad gauge wagon No. 9828. The consignment was transhipped into two metre gauge wagons at Sawai Madhopur Railway Station. One metre gauge wagon No. 4817 reached Bijai Nagar on 31. 10. 56. It contained 11 tons of coal. The other metre gauge wagon No. 5275 reached Bijay Nagar on 1. 2. 57. It contained 1 ton 16 cwt. There was thus short delivery of 9 tons 11 cwt. of coal. The present suit was brought by the plaintiff for the recovery of the balance of the coal, or its price.