STATE OF ASSAM Vs. UNION OF INDIA
HIGH COURT OF GAUHATI
STATE OF ASSAM
UNION OF INDIA
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BAHARUL ISLAM, J. -
(1.) THE plaintiff, the State of Assam, instituted a suit against the defendant, Union of India representing the Central Railway and Northeast Frontier Railway for realisation of Rs. 67,272.66 paise for non-delivery of 1480 bags of whole wheat.
(2.) THE relevant facts are that the Regional Director of Food, Calcutta booked a consignment of 2970 bags of whole wheat from Kidderpore Doc, Calcutta to the Dhubri Railway Station by Railway under Invoice No. 1, R/R/ No. 217668 dated 21-4-1966 in the name of the Deputy Commissioner, Goalpara at Dhubri. Out of the aforesaid quantity the Railway authority delivered only 1490 bags and 1480 bags were not delivered. As in spite of notices the Railway failed to give delivery of the aforesaid 1480 bags, the plaintiff filed the present suit for confirmation for the amount mentioned above. Interest at 6 per cent. per annum was also claimed. It was stated that the loss was due to the negligence of the defendant Railway.
The defendant, Union of India representing the Northeast Frontier Railway, filed a written statement. Their material pleas were that the suit was bad for want of a notice under Section 78-B of the Indian Railways Act, that the notice under Section 80 of the Code of Civil Procedure was invalid, that the suit was barred by limitation, that the claim was inflated, and that there was no negligence on the part of the employee of the defendant.
(3.) THE trial Court framed ten issues including issue No. 6, which related to service of notices and issues Nos. 9 and 10, which related to reliefs only. The learned trial court decided all the issues, except issues Nos. 6, 9 and 10, in favour of the plaintiff. It decided issue No. 6 against the plaintiff, and, as such the suit was dismissed. Hence this appeal by the plaintiff.;
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