ROMESH CHANDER Vs. GOVERNOR-GENERAL IN COUNCIL

JUDGEMENT

(1.) The principal question intended to be raised between the parties in this-appeal is whether the Railway Administration is liable for the loss of the plaintiff's goods which was occasioned by the mis-delivery of the goods with or without the connivance of the railway servants,

(2.) It is common ground that on 6 June 1942 certain persons who represented themselves to be beoparies of Meerut appeared at the shop of one L. Bal Kishen Das at Amritsar and purchased a number of shawls of the value of RS. 2164. They paid a sum of Rs. 20 by way of an advance and agreed to pay the balance as soon as the goods were delivered to them at Meerut. L. Bal Kishen Dass directed his Munshi to take the package to the Railway station at Amritsar and have it booked to Meerut. The Munshi carried out the orders, consigned the-package to self in the presence of the customers and forwarded the Railway Receipt to a Bank at Meerut so that the customers may receive the Railway receipt from the Bank on payment of the appropriate price and take delivery of the goods from the Railway station afe Meerut.

(3.) But the so-called customers had plans of their own. It is alleged that as soon as the parcel was despatched from Amritsar to Meerut, they had a similar parcel, i.e., a parcel of practically the same weight, dimensions and, appearance and bearing the same marks, des-patched from Kathauli to Meerut. Both the parcels arrived at the destination at about the same time. The customers or their representatives appeared at the Railway station at Meerut, presented the receipt which had been obtained; from the Railway station at Kathauli, and obtained delivery of the parcel which had been booked at the Railway station of Amritsar. The-parcel which was received from Kathauli and which contained only some white and Khaki drill of little value remained lying at the Railway station of Meerut.