GOVERNOR-GENERAL-IN-COUNCIL Vs. SAPRE BROTHERS FIRM

JUDGEMENT

(1.) THIS revision arises out of a suit instituted by the plaintiff-non-applicant against the defendant-applicant for recovery of Rupees 512-7-3 on the ground that the defendant failed to deliver to the plaintiff a radio set which he ordered from Calcutta and which was consigned to the defendant-railway for carriage and for being delivered to the plaintiff at Raipur.

(2.) THE defendant admitted that a radio set was booked from Calcutta. His main defence was that the parcel in suit being one containing an article mentioned in Schedule 2, Railways Act, and its value being Rs. 324 as stated by the plaintiff it was obligatory on the consignor to have caused its price declared at the time of tendering the parcel for carriage under Section 75, Railways Act, and as this condition precedent was not fulfilled the plaintiff who claims to be the owner of the radio set is not entitled to claim any relief by way of compensation for non-delivery.

(3.) THE plaintiff asserted that it did not fall under that category and, therefore, it was not necessary for him to have declared its value and contents and get the parcel insured. The Court below came to the conclusion that it was not a scientific instrument and, therefore, did not fall under Schedule 2, Clause (r). It, therefore, decreed the plaintiff's claim for Rs. 335-15-3 and costs, that being the original price of that set together with certain incidental costs.