- (1.) This Rule is directed against an order, passed on new trial by the Full Bench of the Court of Small Causes, Calcutta, dismissing Petitioners' suit for non-delivery of one bale of staple fibre yarn, out of a consignment of seven bales which had been booked at Devannagore, a railway station on the Southern Railway, for carriage to Shalimar, a station on the Eastern Railway, at the material time, but now on the South East em Railway. The Plaintiff Petitioners valued their claim at Rs. 764.
(2.) Plaintiff Petitioners were themselves consignees of the goods. After it was found that only six out of the seven bales had arrived at the destination, the Plaintiffs obtained delivery of the six bales and also obtained from the Eastern Railway a short certificate, dated August 5, 1953, in respect of non-delivery of one bale.
(3.) The goods were insured against loss with the Great American Insurance Company Limited. Plaintiffs obtained the insured value of the non-delivered goods from the insurance company. Thereupon the insurance company caused a notice under Section 77 of the Railways Act to be served on the General Manager of the Eastern Railway, on November 16, 1953. The material portion from the aforesaid notice is quoted below: The abovementioned consignee having received the value of the non-delivered bale from my clients has issued a letter of authority to the railway administration advising them to make payment, in respect of the claim arising out of the non delivery as aforesaid, to my clients abovenamed.;