UNION OF INDIA REPRESENTING ASSAM RAILWAY AND B.B.C.I. RAILWAY Vs. DR. O. HUSSAIN

JUDGEMENT

(1.) THIS is an application described as an application under S. 115, Civil P.C. arising out of a judgment and decree passed by a Judge of the Small Cause Court, Silchar, dated 31 -1 -1950. Manifestly the description of the application under S. 115, Civil P.C. is erroneous. It is an application under S. 25, Provincial Small Cause Courts Act.

(2.) ONE Dr. Hussain sued the B. B. C. I. Rly. the Assam Rly. and the Union of India claiming a sum of Rs. 40 from the defendants for the loss of some surgical goods which were booked on 19 -7 -48 from a station called Wadi Bandar on the G. I. P. Railway to Silchar in the State of Assam. The G. I. P. Rly. has not been sued.

(3.) UNDER S. 80, Indian Railways Act, a suit for compensation for the loss or destruction or deterioration of goods carried by a Railway may be brought either against the Railway Administration to which the goods were delivered or against the Railway Administration on whose railway the loss, injury, destruction or deterioration occurred. The present suit, however, was not brought either against the Railway Administration to which the goods were delivered, namely, the G. I. P. Rly., or the R.I. Rly., on whose railway the loss occurred. The suit was brought against the B. B. C. I. Rly. and the Assam Rly. Section 80, Indian Railways Act, has not been affected by the Indian Railways Act (Adaptation) Order, 1948, and the position, therefore, as regards S. 80, Indian Railways Act, is the same today as it was before the Indian Independence Act.