AMARJI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS first appeal has been filed by the appellant plaintiff challenging the adjudication made by the trial Court with regard to issues No. 3 and 5 against him vide judgment dated 15.12.1986.

(2.) BRIEF facts of the case are that the appellant -plaintiff filed suit for recovery of Rs. 38,857.31 with interest and cost against the defendant -respondent, in which, it is averred that he is doing business of mahua flowers and vide bill No. 23 dated 07.05.1981 at the rate of 155/ - per quintal he purchased mahua flowers from M/s Sadguru Prasad Suresh Chander and the said goods was booked on the same day with the malgodown of the Western Railway vide RR No. 153631 dated 07.05.1981. Further, it is stated that the above -said goods was to reach Dungarpur but the goods did not reach Dungarpur, therefore, on 03.08.1981 vide registered letter the plaintiff -appellant informed about the whereabouts of the flowers but no reply was received by him. Thereafter, he served a notice under Section 80, C.P.C., read with Section 78B of the Railway Act; but, no reply to that notice was given by the respondent. Thereafter, the plaintiff filed the suit.

(3.) IN this appeal, the plaintiff -appellant is challenging the adjudication by the trial Judge with regard to issues No. 3 and 5 on the following grounds: