S.K.Mukherjee, J. - (1.) This is a plaintiff's second appeal against a judgment of affirmance is respect of suit for realisation of money.
(2.) Money suit No. 16 of 1986 was instituted, on November 26, 1986 in the Court of the learned Munsif, First Court at Krishnagar, District : Nadia for recovery of compensation to the extent of Rs. 3329/- (Rupees three thousand three hundred twenty nine) only with interest at the rate of 12% percent per annum from September 28, 1982 till realisation thereof.
(3.) The plaintiff/appellant in the plaint of the said suit alleged that the plaintiff is a Government Company having its registered office at 23/B, Netaji Subhash Road, 3rd floor, Calcutta-1, established for the development in agricultural sector in the State of West Bengal. The Rastriya Chemicals and Fertilizers Limited despatched a consignment of 1097 bags of suphala 15:15:15, each bag containing 50.2 Kgs., from Trombay, a station in the Central Railway, under Inv/RR No. 69/671499 dated September 8, 1982 to Krishnanagar City, a station in the Eastern Railway. The consignee was the West Bengal Agro Industries Corporation Limited, that is, the plaintiff. At the time of taking delivery at Krishnanagar on September 21, 1982 the plaintiff found 27 bags short out of 1097 bags and as a result plaintiff got 1070 bags in good condition instead of 1097 bags resulting in shortage of 1350 Kgs. of suphala. The competent authority at Krishnanagar Railway Station issued a short certificate bearing No. 32269 dated September 28, 1982. Shortage of the above consignment caused a loss to the plaintiff and the plaintiff was entitled to recover compensation to the extent of Rs. 3239/- (Rupees three thousand two hundred thirty nine) only at the rate of Rs. 2399.25 per M.T. Such shortage was due to the gross negligence, misconduct and carelessness of the railway administration, their Agents and/or employees concerned. A notice under section 78B of Indian Railway Act, 1890 was served upon the railway. The plaintiff, also served a notice under section 80 of the Code of Civil Procedure and the defendant received the same on March 26, 1985. The defendant failed to pay the amount claimed by the plaintiff and as such the plaintiff filed the present suit.;