RAMKISHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS second appeal arises out of a suit filed by the plaintiff who is an endorsee of a Railway Receipt in respect of one bale of artificial silk despatched from Wadi Bunder Bombay to Bhopal via Central Railway on 13 -3 -1952. The goods was (sic) substantially damaged on 21 -5 -1952. The delivery of the goods in damaged condition was given and accepted on 8 -6 -1952 after the estimate of the damage of Rs. 1,937 -14 -0 was stated in the 'certificate of damage and shortage' issued by the Railway Authority at Bhopal Railway Station. The appellant -plaintiff gave notice under section 77 of the Railways Act on 12 -5 -1953 which was received by General Manager on 14 -5 -1953. The present suit was brought thereafter on 7 -8 -1953 claiming recovery of the afore -said estimated damage to his goods namely Rs. 1,937 -14 -0 plus usual margin of profit at 25 per cent. The total claim was for Rs. 2,422 -5 -6. The suit was mainly resisted on the ground of limitation.

(2.) BOTH the Courts below held the claim to be beyond time in view of the provisions of Article 30 of the Limitation Act, which according to them applied to the claim in question.

(3.) IN order to determine whether Article 30 or 31 of the Limitation Act should be applied in this case it will be material to consider the actual frame of the suit and the findings arrived at by the Court below regarding the damage or non -delivery.