LAWS(RAJ)-1975-7-34

UNION OF INDIA Vs. SUKANLAL SOHANLAL

Decided On July 09, 1975
UNION OF INDIA Appellant
V/S
Sukanlal Sohanlal Respondents

JUDGEMENT

(1.) THIS appeal has been filed by Union of India against which a decree for Rs. 8500/13/6 has been passed by the Civil Judge, Pali and affirmed by the District Judge, Pall.

(2.) FIRM Sukanlal Sohanlal, a joint Hindu family firm instituted a suit on 5 -4 -48 against the Darbar, Jodhpur, representing the Jodhpur State Railway and Governor General, Government of India, as representing B.B. and C.I. Railway, New Delhi, in the Civil Court Pali. The allegations in the plaint were that the plaintiff firm despatched two consignments of two packets each from Bombay Central to Marwar Pali The first consignment was by Parcel Way Bill 795164 dated 19 -3 -1047 and the second consignment was by Parcel Way Bill No. 796582 dated 23 -3 -1947. According to the plaintiff firm both the consignments contained artificial silk, and the price of the goods was Rs. 8651/2/6 which has beed specified in detail in appendix accompanying the plaint. It was alleged that the parcel did not reach Marwar Pali within a reasonable time. On 7 -4 47 the plaintiff firm referred the matter to the Administration Jodhpur State Railway for delivery of the said consignment. In reply to the said communication Railway Administration Jodhpur State informed the firm that it is inquiring into the matter. After sometime the consignment reached the Railway Station, Marwar Pali and the plaintiff firm was asked to take the delivery. According to the plaintiffs the two consignments were not intact and as such it was requested for an open delivery. The Railway Administration allowed the open delivery and it was found that the two consignments contained American paper. The plaintiff firm refused to take the delivery Thereupon the plaintiff firm made representation to the Jodhpur State Railway Administration on 3 -6 -1947, 3 -7 -1947, and 21 -9 -1947 saying that the two consignments were despatched from Bombay Central containing artificial silk It was entitled to claim damages from the Railway Administration. The damages were not paid and hence this suit by the plaintiff firm against two Railway Administations claiming Rs. 8561/2/6 as the price of the goods and Rs. 448/13/6 as interest by way of damages. The plaintiffs' claim thus was for Rs. 9000/ -.

(3.) THE case came to be tried by the Civil Judge, Pall. On 24 -9 -62 the learned trial Judge framed as many as six issues in the suit. The Trial Judge held that it was artificial silk which was despatched from Bombay Central to Marwar Pali. Notices under Section 77 Indian Railways Act and Section 80, Code of Civil Procedure were not obligatory on the part of the plaintiff's for maintaining the suit in the court established in the erstwhile State of Jodhpur. He decreed the plaintiffs' suit for a sum of Rs. 8 509/13/6. He did not allow the plaintiff firm interest as claimed or interest pendente lite. He however allowed future interest on the decretal amount @ 6% per annum from the date of the decree till realisation. This decree was passed against Union of India as representing the General Manager, Western Railway, Bombay.