BELLARY CENTRAL CO OPERATIVE STORES LTD Vs. UNION OF INDIA AND

JUDGEMENT

(1.) On 12-1-1952 defendant 2 consigned from a railway station at a place called Pithapuram, 225 bags of sugar to be delivered to the plaintiff at Bellary. When this consignment of goods was delivered to the plaintiff at Bellary on 29-1-1952 there was a shortage to the extent of 9 maunds and 28 seers of sugar. The plaintiff there- fore brought this suit against defendant 1 the Railway administration for the recovery of its value and the interest thereon.

(2.) The Railway administration repudiated this claim principally on the ground that the loss was not attributable to any misconduct or negligence on its part or on the part of its servants. It also pleaded that the plaintiffs suit had to fail on account of the absence of notices properly issued under Sections 77 and 140 of the Railways Act. The Court below dismissed the plaintiff's suit and this revision petition is directed against that decision.

(3.) The Court below did not decide whether the notices required by Section 77 and 140 of the Railways Act were or were not issued by the plaintiff. Mr. Nanjundiah, learned Advocate for defendant 1 has, in this revision petition, attempted to support the decision of the Court below, on the ground that such notices were not issued; but the view that I take on the main question involved in this revision petition makes it unnecessary for me to consider this contention raised by Mr. Nanjundiah. It docs not appear from the record that that contention was either pressed or argued in the Court below.