RAM RATAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a revision by the plaintiff Ramratan against the judgment of the Civil Judge, Bikaner, dismissing the plaintiff's suit for compensation, as a Small Cause Court.

(2.) THE facts of the case are short and simple. THE plaintiff's case is that on the 24th June, 1950, eighteen bags of Gur and two bags of Moong were on his behalf handed over to the Bikaner State Railway under invoice No. 103983 to be delivered at Deshnokh, and similarly on the 27th June, 1950, 121 bags of gawar were entrusted to the same Railway at Keshrisinghpur under invoice No. 105360 also to be delivered at Deshnokh. THE plaintiff's grievance is that out of the first consignment he received 37 seer of gur short of the total quantity consigned, and out of the second consignment he received a shortage of eight maunds and ten seers of gowar. Consequently, the plaintiff gave a notice to the Bikaner State Railway on the 10th July, 1950, apparently under sec. 77 of the Indian Railways Act, and he further gave a notice under sec. 80 of the Code of Civil Procedure on the 3rd April, 1951. Learned counsel who drew up the plaint for the plaintiff thought that limitation for the suit commenced after the expiry of two months from the 3rd April, 1951, and consequently it was stated that the suit was within time as it was brought on the 17th December, 1951. This impression of the legal advisers of the plaintiff, in my opinion, was completely wrong. Be that as it may, the plaintiff claimed a total compensation of Rs. 147/- for the loss caused to him as also prayed for costs and pendente lite interest, and brought this suit against the Bikaner State Railway and the Union of India.