JUSAF AND ISMAIL COMPANY Vs. GOVERNOR-GENERAL IN COUNCIL THROUGH THE SECRETARY, CENTRAL GOVERNMENT

JUDGEMENT

(1.) THIS revision is filed by the plaintiff against the dismissal of his suit for damages filed against the Governor-General in Council (owning the G.I.P. Railway) and the B.N. Railway Company, Limited, which, during the pendency of the suit, also came to be owned by the Government. The relevant facts are as follows.

(2.) ON 20-7-1942, bags of gramdal (pulse) were delivered by the consignor to the defendant at its Railway Station, Cawnpur Central, to be carried to and delivered to the plaintiff at Saoner Railway Station of the B.N. Railway Company within the district of Nagpur. The goods reached their destination of Saoner on or, about 2-8-1942 but, according to the plaintiff, in a damaged condition due to moisture and unfit for human consumption. The plaintiff insisted on the goods being delivered to him after weighing and after ascertaining the extent of damage and noting the same.

(3.) THE defendant denied liability on the grounds inter alia that the goods were not damaged during transit, that the plaintiff acted illegally and without jurisdiction in refusing to take delivery and in insisting on what is said to be open delivery after noting the extent of damage and shortage and that the damage was in fact caused on 15-8-1942 by a riotous mob in the course of 1942 disturbances which it was beyond the control of the defendant to avoid.