- (1.) This appeal is at the instance of the plaintiff and it arises out of a suit for recovery of compensation.
(2.) On November 2, 1964, 39 pieces of Tin Ingots were booked by the Metal Distributors Ltd. with the Eastern Railway Administration at Howrah Station for delivery to the plaintiff at the Kulti Siding. Of the said 39 Tin Ingots, the defendant Eastern Railways Administration delivered to the plaintiff only 24 pieces of Tin Ingots on November 16, 1954. The remaining 15 pieces were not delivered and a short certificate was granted to the plaintiff by the Eastern Railway. A correspondence ensued between the parties for delivery to the plaintiff of the remaining pieces of Ingots. The Railway informed the plaintiff that the matter was being enquired into. Ultimately, the Chief Commercial Superintendent of the Eastern Railway by his letter dated September 28, 1957 denied their liability for the said 15 pieces of Tin Ingots. Thereafter, the plaintiff after service of notice under section 77 of the Railways Act and another notice under section 80 of the Code of Civil Procedure instituted the present suit claiming a sum of Rs. 6,580/- and odd on account of compensation for the said 15 pieces of Tin Ingots.
(3.) The defendant Railway contested the suit by a written statement. The case of the defendant was that the consignment was duly loaded at the Howrah Station and was properly sealed and secured. During transit between Howrah and Chandpore the consignment was victimized by criminals and a part of the same was pilfered. The loss complained of occurred due to a running theft by miscreants and outside agency under circumstance beyond the control of the Railway Administration and its servants. The defendant denied negligence or misconduct of itself and its employees for the loss of the goods. Further, the defendant challenged the legality and validity of the statutory notices served by the plaintiff. It was contended that the suit was barred by limitation. The defendant denied that it was liable for the loss of the goods occurred to the plaintiff.;