MESSRS SATTANMAL VISHANDAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a revision by the plaintiff in a suit for recovery of damages for non-delivery of goods by the railway administration against the judgment of the Small Cause Court, Jaipur, dated 11th November, 1954.

(2.) NARAYANDAS Nebhandas despatched 101 bags of garlic and 50 bags of onion from Jamnagar to the petitioner on 8th February, 1953, under railway receipt No. 1310599 invoice No. 32 of the same date. When the consignment arrived at Jaipur, six bags of garlic were found short. The plaintiff claimed Rs. 390/- as the price of the six bags of garlic weighing 6 maunds, and Rs. 17/8/- by way of interest and Rs. 1/8/- on account of postages in all Rs. 409/ -. It was alleged that proper notice had been given to the Union of India. The defendant's case was that the consignment had been loaded by the consignor and had not been checked by the defendant's employee at Jamnagar, and it had been mentioned on the railway receipt that the goods were at sender's risk, and, therefore, the defendant was not liable. The trial court found that 101 bags of garlic and 50 bags of onion had, as a matter of fact, been delivered to the railway administration at Jamnagar for carriage to Jaipur, six bags were received short. It was held that the defendant was liable to pay damages to the plaintiff. The court, however, dismissed the suit, as it did not believe the evidence led on behalf of the plaintiff that the rate of garlic at Jaipur when the consignment arrived was no Rs 60/- pes maund. The court was of opinion that there was no reliable evidence as to the rate prevailing at Jaipur. The petitioner has come in revision.