N.N. Sharma, J. - (1.) This is a plaintiff's appeal directed against the judgment and decree dated 31-7-1974 of Sri R. C. Chaturvedi, learned Judge Small Cause Court (Addl. Civil Judge), Aligarh who allowed Civil appeal No. 490 of 1974 and reversed the judgment and decree recorded by Sri V. K. Agarwal, Munsif, Koil, Aligarh dated 24-11-1973 in Original Suit No. 417 of 1970 by which plaintiffs claim was decreed for Rs. 3088/- with pendente lite and future interest at Rs. 5/- per cent per annum.
(2.) Plaintiff is sole proprietor of firm Roop Ram Moti Lal, South Tiara Colliery Ltd. Aligarh. He got hard coke booked from Pathardihi station for delivery at Aligarh. He was consignee and obtained R/R No. 571840 dated 29-6-1968 weighing 24.3 tonnes invoice No. 28. The wagon was well covered and rivetted and sealed. When it reached the destination station original seals and rivets were missing.
(3.) Plaintiff was not informed about the arrival of wagon by the Railway officials but he found subsequently that the wagon was virtually empty. He, therefore, insisted on open delivery after weighment at his own costs, but the railway employees were adamant and refused to accede to his request.;