DULARAM KHUBCHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is plaintiffs' second appeal.

(2.) THE plaintiffs were the consignees of 13 bales of cloth out of which only 10 bales were delivered to them on 119th August 1961. Thus there was a shortage of three bales. The plaintiffs therefore filed a suit on 19th October 1962 for the recovery of the price and the loss in respect of these three bales. The trial court dismissed the suit on the ground of limitation, but held that the non-delivery of three bales was due to the misconduct of railway servants. It also held that if the suit had been within limitation then the plaintiffs would have been entitled to the price of these three bales namely Rs. 2,893. 63 P. , but not to any profit on these three bales. In appeal by the plaintiffs only the question of limitation was agitated, regarding which the first appellate court agreeing with the trial court held that the suit was barred by limitation. According to the court below, limitation for filing the suit would start from 18th August 1961 which was the date when the consignment arrived at the destination and not from 19th August 1961 when ten bales were actually delivered to the plaintiffs.

(3.) IN this appeal learned counsel for the appellants has contended that the courts below erred in holding that the limitation started from 18th August 1961 when ten bales arrived at the destination station and not from 19th August 1961 when the other three bales ought to have been delivered to the plaintiff along with those ten bales delivered on that date.