GOVINDLAL NITYANAND AGARWAL Vs. GOVERNOR-GENERAL IN COUNCIL

JUDGEMENT

(1.) THIS is an application to revise the judgment of the Third Subordinate Judge, if Class Nagpur, empowered under Section 18, C.P. Courts Act, in Civil Suit No. 89 of 1943 dismissing the plaintiff's suit on 24-4-1944.

(2.) ON 7-7-1942 the management of the Delhi Cloth and General Mills Company Limited sent 4 bales of towels from Delhi to Itwari in the name of the self and endorsed the same in favour of the plaintiff Govindlal, a minor. The plaintiff received only 3 bales at the Itwari station. One bale that was missing contained 40 dozen towels and then market rate being Rs. 11 per dozen.

(3.) IN the lower Court both the Governor. General in Council representing the G.I.P. Railway and the Agent R.N. Railway conceded that there was the loss of one bale in train it and they did not contest the amount of damages claimed.