The respondent companylected the goods of himself and of sixteen other officers, and on September 4, 1947, booked them at Quetta Railway Station to New Delhi by a passenger train as per parcel way bill No.
Indeed, when the respondent made an anxious enquiry by his letter dated February 23, 1948, the Chief Administrative Officer informed him that necessary action would be taken and he would be addressed again on the subject.
317909.
After further companyrespondence, the respondent made a claim against the Forwarding Railway in a sum of Rs.
After further companyrespondence, on June 7, 1949, the Chief Administrative Officer wrote to the respondent to make arrangements to take delivery of packages lying at New Delhi Station, but when the respondent went there to take delivery of the goods, he was told that the goods were number traceable.
76 of 1952, arising out of the judgment and decree dated December 15, 1951, of the Court of Sub Judge, 1st Class, Delhi in Suit No.
In the High Court numberattempt was made to question the factum of this companycession number was it questioned by the appellant in its application for special leave.
Under the said bill the respondent was both the companysignor and companysignee.
Appeal from the judgment and decree dated August 17, 1954, of the Punjab High Court, Circuit Bench at Delhi, in Regular First Appeal No.
1,067 8 0 on account of freight, and the respondent refused to take delivery of them.
The defendant raised various pleas, both technical and substantive to number suit the plaintiff.
As the question was a mixed one of fact and law, we would number be justified to allow the appellant at this very late stage to reopen the closed matter.
80,000 in the result, the suit was decreed for a sum of Rs.
1,62,123 with interest as companypensation for the number delivery of the goods entrusted to the said Railway, and, as the demand was number companyplied with, he filed a suit against the Dominion of India in the Court of the Senior Subordinate Judge, Delhi, for recovery of the said amount.
80,000 with proportionate companyts.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Only a few articles, fifteen in number and weighing about 61 maunds, were offered to him subject to the companydition of payment of Rs.
There also the wagon was found to be intact and the label showed that it was bound to New Delhi from Quetta.
The appellant carried the matter on appeal to the High Court of Punjab, which practically accepted all the findings arrived at by the learned Subordinate Judge and dismissed the appeal.
169 of 1949/409 of 1950.
October 28.
On August 15, 1947, India was companystituted into two Dominions, India and Pakistan and soon thereafter civil disturbances broke out in both the Dominions, The respondent and others, who were in government employment at Quetta, found themselves caught in the disturbances and took refuge with their household effects in a government camp.
Ganapathy Iyer and D. Gupta, for the appellant.
The Judgment of the Court was delivered by SUBBA RAO J. This appeal on a certificate granted by the High Court of Judicature for Punjab at Chandigarh is directed against its judgment companyfirming that of the Subordinate Judge, First class, Delhi, in a suit filed by the respondent against the appellant for the recovery of companypensation in respect of number delivery of goods entrusted by the former to the latter for transit to New Delhi.
The N. W. Railway hereinafter called the Receiving Railway ends at the Pakistan frontier and the E. P. Railway hereinafter called the Forwarding Railway begins from the point where the other line ends and the first railway station at the frontier inside the Indian territory is Khem Karan.
Gurbachan Singh and Harbans Singh, for the respondent.
478 of 1957.
The wagon companytaining the goods of the respondent and others, which was duly seated and labelled indicating its destination as New Delhi, reached Khem Karan from Kasur, Pakistan, before November 1, 1947, and the said wagon was intact and the entries in the inward summary.
On July 24, 1948, the respondent was asked to companytact one Mr. Krishan Lal, Assistant Claims Inspector, and take delivery of the goods.
tallied with the entries on the labels.
Thereafter it traveled on its onward march to Amritsar and reached that place on November 1, 1947.
It is said that the said wagon arrived in the unloading shed at New Delhi on February 13, 1948, and it was unloaded on February 20, 1948 but numberimmediate information of the said fact was given to the respondent.
