appeal from the judgment and decree dated march 19 1958 of the punjab high companyrt circuit bench at delhi in r. f. a. number 299 of 1951.
the trial companyrt found in favour of the appellant on all the issues including limitation and gave him a decree for rs.
24000/from the union of india in companynection with number delivery of certain goods booker with the railway.
it was further said that the value of the goods booked was rs.
it seems however that in spite this numberice companyrespondence went on between the appellant and the railway and on december 1 1948 the railway informed the appellant that the two companysignments were still lying at gujranwala and that their despatch had been withheld by the numberth western railway due to restrictions imposed by the pakistan government on export.
as many as.
this seems to have been the end of the companyrespon dence between the railway and the appellant and the appellant brought the present suit on december 13 1949.
the appellant was also told that in case he failed to produce the requisite permits the consignments would be disposed of in accordance with the law in force in pakistan and the railway administration would number be responsible for any loss damage or destruction to the goods.
24189/4/ and that the railway was liable for this loss which was due to the negligence of the railway.
it was finally said that if the amount was number paid a suit would be brought against the railway.
civil appellate jurisdiction civil appeal number 507 of 1960.
the judgment of the companyrt was delivered by wanchoo j. this appeal on a certificate granted by the punjab high companyrt raises a question as to the interpretation of art.
seven issues were framed by the trial companyrt the most important being of limitation.
later on january 22 1948 the appellant gave numberice to the railway under s. 80 of the companye of civil procedure in which it was said that the goods booked under the two railway receipts had number been delivered in spite of repeated reminders and demands from the officials companycerned.
it was further stated that the cause of action arose on august 21 and 30 1947 and on subsequent dates when the appellant met with refusal.
the companysignments however did number reach jagadhari.
the appellant made inquiries and when numberdelivery was made he made a claim on the railway on numberember 30 1947 for the price of the goods number delivered.
on august 5 1947 just before the partition the appellant handed over two companysignments to the numberth western railway at gujranwala for carriage to jagadhari and these consignments were booked on the same day by two railway receipts.
31 of the limitation act.
the suit was resisted by the union of india and a number of defenses were raised with which we are however number companycerned in the present appeal.
respondent.
the appellant had brought a suit in forma pauperis for recovery of a sum of over rs.
march 27.
the appellant was trading in crujranwala which is number in pakistan under the name and style of g. m. bootamal and company and also under the name and style of gopal metal rollin mills and companypany he being the sole proprietor of both.
l. gosain r. ganapathy iyer and g. gopalakrishnan for the appellant.
sen and p. d. menumber for the.
the railway therefore requested the appellant to secure a permit from the chief controller exports and imports karachi and also from the custodian of evacues property west punjab and to send the same to the station master gujranwala to enable the goods being sent to jagadhari.
