GREAT INDIAN PENINSULA RAILWAY Vs. DEVASI VERSEE

JUDGEMENT

(1.) In the year 1902 the plaintiff herein had a grain shop at Poona and the defendants are the G.I.P. Railway. During May 1902 the plaintiff's agent Avent to Wadi to buy grain which he sent to Poona for sale there. The plaintiff sues to recover from the defendants Rs. 655-11-0 and interest thereon as damages amounting to Rs. 174-2-9 in all Rs. 829-13-9. The sum of Rs. 655-11-0 is in the plaint sought to be recovered as the excess amount claimed and received by the Railway Company at Poona in respect of various parcels of grain sent from Wadi to Poona on different dates in June a July, 1902, the details of which are set out in the plaint. The dates of the excess amounts being received are as follow :- Rs. 187-5-0 received 12 July 1902 Rs. 62-6-0 received 16 July 1902 Rs. 406- 0-0 received 25 July 1902 ---------- Rs. 655-11-0.

(2.) The plaint was filed on 10 July 1905.

(3.) The learned Judge of the Small Cause Court at Poona raised the following preliminary issue. Whether the suit was not maintainable for want of notice under Secs.77 and 140 of Act IX of 1890 (the Indian Railways Act)?