PAKISTAN AND Another vs MOHAMMAD ALI — 1971 SCMR 426

Citation: 1971 SCMR 426

Court: Supreme Court of Pakistan

Year: 1965

Decision Date: 1965-06-10

Parties: PAKISTAN AND Another vs MOHAMMAD ALI

Headnotes

Case cited as 1971 SCMR 426

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Abdus Sattar, Alvin R. Cornelius, Muhammad Yaqub Ali Khan Title: PAKISTAN AND Another vs MOHAMMAD ALI Case No.: Civil Appeal No. 8-D of 1964 Second Appeal No. 1358 of 1961 Date of Judgment:1965-06-10 Reported As: 1971 SCMR 426 Result: Appeal allowed JUDGMENT JUDGMENT CORNELIUS, C. J.--This appeal by special leave arises out of a suit brought by the respondent Muhammad Ali against the General Manager of the Eastern Bengal Railway (now Pakistan Eastern Rail--way) for damages in the sum of Its. 5,000 by reason of non-delivery of a bale of textile goods which Muhammad Ali had on the 24th November 1957 booked by train at Kumarkhali Railway Station for delivery to one Abdul Kawan at Rangpur. The actual cost of the goods was fixed at Rs. 4,713-13-0 and the balance was claimed by way of compensation. It was said that the railway receipt was endorsed for delivery to the plaintiff itself on the 28th November 1957, but the consignment was never received and after repeated enquiry he was informed by the Railway that the bale had been lost. It was averred that "complete lose of the consignment of cloth was due to the sheer wilful negligence and misconduct on the part of the railway". The Railway had accepted the allegation of the non-delivery, but pleaded in defence that "in spite of due care and precaution taken for safe carriage the suit consignment was lost due to running train theft which occurred in circumstances beyond the control…

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