JWALA DATT GOBIND RAM Vs. UNION OF INDIA RAILWAY DEPT

JUDGEMENT

(1.) This appeal has been filed on behalf of the plaintiff who had brought a suit for compensation arising out of a damage caused to a consignment despatched by defendant No. 3 from Ankapalle railway station on the M. S. M. Railway on the 6th of October 1942, to the plaintiff to be delivered at Ranchi railway station on the B. N. Railway. The consignment consisted of 700 tins of ground nut oil, out of which at the time of delivery on 28-10-1942, it was found that 175 tin's were badly damaged and were altogether empty.

(2.) The respondents pleaded a number of defences including one of limitation.

(3.) The first Court decreed the plaintiff's suit. On appeal the learned Additional Subordinate Judge dismissed the suit on the ground of limitation. It has been held that the suit is barred under Article 30 of Schedule 1, Limitation Act.