ANJANI KUMAR, J. - (1.) HEARD Sri S.A. Shah, learned counsel for the petitioner.
(2.) THESE two connected writ petitions raise the common questions of fact and law, therefore, they are decided by a common judgment. Learned counsel for the petitioner, Sri S.A. Shah, has submitted that the petitioner, who was consignee of a consignment, booked through Railways from Mahoba to Kasganj in the district of Etah. Since the aforesaid consignment contained perishable item, namely, betel leaves, when the consignment did not reach within normal time at the destination the goods being perishable in nature were in fact perished. The petitioner, therefore, filed a suit for damages against the Railways. The suit was of the nature of small causes as per valuation of the case. The trial Court framed issued and decided all the issues in favour of the plaintiff -petitioner and decreed the suit for a sum of Rs. 1,300 plus interest till the date of decree amount to Rs. 1,290 in the case of writ petition No. 8912 of 1982 plus interest pendente lite.
(3.) AGGRIEVED against the order and decree of the trial Court the Railways filed revision under Section 25 of the Small Causes Court Act. The revisional Court reversed the decree holding that in fact the goods presented for carriage were not in good condition, therefore, the Railways cannot be held responsible for the damages, if any, caused to the consignment.;