K.P.Singh, J. - (1.) This is a plaintiff's second appeal arising out of a suit for recovery of Rs. 1050/- for short delivery of goods.
(2.) According to the plaintiff, Mangal Prasad, defendant No. 2, had consigned nine bags brass scrap weighing 414 kgs. at Sitamarhi for being carried to Chilh under Railway Receipt No. 437248 on behalf of the plaintiff as well as for the plaintiff. The plaintiff appellant took delivery at Chilh and it was found that 134 kgs. brass scrap was less due to acts of pilferage causing a loss of Rs. 1045.20. The plaintiff after serving registered notices brought a suit for the relief mentioned above.
(3.) The defendant Union of India had contested the suit and had alleged that the plaintiff was not owner of the goods hence not entitled to maintain the suit. The plaintiff was only endorsee and nominee for the purpose of taking delivery and as such the plaintiff could not in law maintain the suit. The defendant had also denied that there was any negligence or mistake on the part of the Railway administration. According to the defendant the damages claimed were excessive.;