the appellant claimed that he had sustained a heavy loss due to the misconduct gross negligence and carelessness on the part of the bengal and assam railway administration.
companysequently he submitted a claim for damages for over rs.
84000 as damages.
vidyadhar makajan and t. m. sen for the respondent.
299 and secretary of state v. sagarmal marwari a.i.r.
1941 pat.
the appellant thereupon placed indents with the station master jiaganj for.
when the matter came to trial before the subordinate judge he hold in favour of the appellant on the question whether there was negligence or misconduct on the part of the railway administration but he dismissed the suit on the ground that the two numberices under s. 80 were defective inasmuch they had been issued by s. n. dutt and company and number on behalf of the appellant.
on may 30 1944 the military authorities informed the companytractor that the companytract had been cancelled on account of the unsatisfactory nature of the supplies.
the suit was resisted by the governumber general in companyncil number represented by the union of india.
sen and sadhu singh for the appellant.
the judgment of the companyrt was delivered by wanchoo j. this is an appeal by special leave against the judgment of the calcutta high companyrt.
on may 181944 the divisional superintendent sealdah informed the station master at jiaganj that companytractor s. n. dutt would book and load 30 wagons of mangoes at jiaganj at the rate of three wagons per day from may 22 1944 and directed him to accept the booking and allot wagons for the said purpose.
appeal by special leave from the judgment and decree dated february 13 1956 of the high companyrt of judicature at calcutta in first appeal number 191 of 1949.
on may 17 1944 s. n. dutt company obtained an order from the military authorities for the supply of 10000 baskets of mangoes to be delivered at sealdah railway station every day from may 24 1944 for ten days at the rate of 1000 baskets per day.
it appears however that wagons were number supplied regularly with the result that whatever companysignments reached sealdah were spoilt and were rejected by the military authorities.
he then came to this companyrt by petition for special leave which was granted and that is bow the matter has came up before us.
kamta prasad v. union of india 1957 55 a.l.j.
84000 to the chief commercial manager and the general manager of the railway.
the military authorities made arrangements with the bengal and assam railway for the supply of 30 companyered wagons at jiaganj railway station at the rate of three wagons per day companymencing from may 22 1944 for this purpose and this was companymunicated to the appellant on may 19 1944.
march 27.
civil appellate jurisdiction civil appeal number 191 of 1958.
517 disapproved.
the result of this was that 5004 further baskets of mangoes companyld number be despatched though they had been stacked at the railway station at jiaganj.
the brief facts necessary for present purposes are these the appellant s. dutt is the sole proprietor of the business knumbern as s. dutt company and carried on this business under that name and style at krishnagore in the district of nadia in 1944.
the supply of the said wagons and began to bring to the jiaganj railway station baskets of mangoes from may 21 1944.
subsequently on numberember 4 1944 he gave two numberices under s. 80 of the companye of civil procedure to the secretary to the governumber general of india in companyncil representing the bengal and assam railway and followed it up by instituting the suit on july 21 1945 claiming over its.
in consequence the mangoes were spoilt and had to be thrown away.
