1956 (3) TMI 53 - HC - Indian Laws

Summary

Issues Involved:

1. Locus standi of the plaintiff firm to file the suit.
2. Liability of the Darjeeling Himalayan Railway Company Ltd. under Section 80 of the Railways Act.
3. Compliance with Section 77 of the Railways Act regarding notice of claim.
4. Limitation period under Articles 30 and 31 of the Limitation Act.
5. The correctness of the trial court's judgment regarding the dismissal of the suit against the Union of India.

Issue-wise Detailed Analysis:

1. Locus Standi of the Plaintiff Firm to File the Suit:

The Darjeeling Himalayan Railway Company Ltd. questioned the locus standi of the plaintiff firm, arguing that the consignment was addressed to the Political Agent, Sikkim, who was claimed to be the actual owner of the goods. The trial court held that the goods belonged to the plaintiff firm and it had the locus standi to maintain the suit. The High Court upheld this conclusion, stating, "The reference made to the correspondence & the oral evidence as adduced support the plaintiff's contention."

2. Liability of the Darjeeling Himalayan Railway Company Ltd. under Section 80 of the Railways Act:

The plaintiff firm argued that the Darjeeling Himalayan Railway Company Ltd. was liable for the damages under Section 80 of the Railways Act. The High Court noted that under Section 80, the aggrieved party may sue either the railway administration with which the contract of carriage was entered into or the administration on whose line the injury occurred. However, the court emphasized that the onus is on the plaintiff to prove that the loss occurred while the goods were in transit over the particular railway system. The court found no evidence to show that the goods were damaged while in transit over the Darjeeling Himalayan Railway system and stated, "We must accordingly hold that apart from any other consideration the decree passed against Defendant No. 2 cannot be sustained on this ground."

3. Compliance with Section 77 of the Railways Act Regarding Notice of Claim:

The trial court dismissed the plaintiff's suit against the Union of India, representing the State Railway, on the ground that no notice had been served under Section 77 of the Railways Act. The High Court upheld this finding, noting, "The correspondence therefore in the present case cannot assist the plaintiff in maintaining the present claim against railway administration as a substitute for service of notice under Section 77 of the Railways Act." The court concluded that the plaintiff's claim was barred under Section 77.

4. Limitation Period under Articles 30 and 31 of the Limitation Act:

The High Court addressed the issue of limitation, noting that the claim for compensation for injuring the goods must be brought within one year from when the loss or injury occurred, as per Article 30 of the Limitation Act. The court found no proof or evidence as to when the injury occurred, making it difficult to determine the starting point of limitation. However, the court noted that if the claim fell under Article 31, it was clearly barred as one year had expired from the date when the goods ought to have been delivered. The court stated, "The suit having been filed on 9-4-1948 it was barred by limitation."

5. The Correctness of the Trial Court's Judgment Regarding the Dismissal of the Suit Against the Union of India:

The trial court dismissed the suit against the Union of India due to the lack of notice under Section 77 of the Railways Act. The High Court upheld this dismissal, noting that there was no sufficient compliance with the condition imposed under Section 77. The court stated, "The claim by the plaintiff therefore is barred under Section 77, Railways Act."

Conclusion:

The High Court allowed the appeal, dismissed the cross-objection, and dismissed the plaintiff's suit. The court directed that the parties would bear their respective costs in both courts, stating, "Considering the special circumstances of this case we direct that the parties would bear their respective costs in both the Courts."