UNION OF INDIA (UOI) Vs. MANGILAL JANAKIPRASAD

JUDGEMENT

(1.) THIS is an appeal by the defendant against the judgment and decree of Shri M.M. Rahman, Subordinate Judge, L.A.D., Gauhati in Money Suit No. 48 of 1965.

(2.) M /s, Mangilal Janakiprasad represented by its Karta Shri Mangilal Agarwalla, filed the suit for a decree of Rs. 7497/ - against the defendants i.e. Union of India represented by General Manager, N.F. Railway, Gauhati for non -delivery of a consignment of lima valued at Rs. 6125/ - and booked at Gotan Railway Station of the Northern Railways for carriage to Tezpur Railway Station under Invoice No. 3 and R/R No. 180525 dated 27 -5 -63 by M/s. Gotan Lime Syndicate. The consignor in dua course endorsed the Railway receipt in favour of the plaintiff for valuable consideration. Thus, being the owner of the title to the goods and being entitled to receive the goods, the plaintiff demanded the delivery of the good from the officials of the Tezpur Railway Station, who failed to deliver the consigned goods. The factum of failure to deliver the goods was brought to the notice of the authorities, enquiries made, but the whereabouts of the consignment could not be traced; the plaintiff submitted his claim to the Railways under Section 78B of the Indian Railways Act on 21 -10 -63. No payment was made to the plaintiff in spite of the receipt of the notice and accordingly, the plaintiff served a notice under Section 80 C.P.C. on 21 -3 -64. To be precise this was a combined notice under Section 78B of the Indian Railways Act and Section 80 C.P.C. The relevant extracts of the notice are set out hereinbelow:

(3.) THE facts constituting the cause of action were clearly set out and under head "Relief to be claimed" it was also set out that the plaintiff would institute the suit for an amount of Rs. 7089.69 P. The notice was duly served. Thereafter, Shri Mangilal Agarwalla, son of Shri Binraj Agarwalla as the Karta of the plaintiff firm filed the suit in the name of M/s Mangilal Janakiprasad.