PAKISTAN THROUGH THE GENERAL MANAGER, PAKISTAN WESTERN RAILWAY, — 1971 PLD 259

Citation: 1971 PLD 259

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Petitioner: PAKISTAN THROUGH THE GENERAL MANAGER, PAKISTAN WESTERN RAILWAY, JUDGMENT

Headnotes

Case cited as PLD 1971 Karachi 259

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh, Muhammad Ali Sayeed Title:PAKISTAN THROUGH THE GENERAL MANAGER, PAKISTAN WESTERN RAILWAY, JUDGMENT Reported As: PLD 1971 Karachi 259 Result: Orders accordingly Judgment JUDGMENT GHULAM RASOOL K. SHAIKH, J.--This is a second appeal against the judgment of the learned Additional District Judge, Karachi, maintaining the judgment and decree passed by the learned Civil Judge, Karachi and dismissing the appeal. The respondent had booked 78 cartons/boxes of Phillips radio sets and spare-parts by the railway at Karachi for Chaman under P. R. No, J-26613 dated 10th July 1956 by Waggon No, 31529, When delivery was taken at Chaman it was found that 10 cartons/boxes were missing. Consequently the Station Master, Chaman issued a short delivery note. A letter was written to the General Manager railway claiming the damages at Rs, 3,132 but no reply was received. Consequently after the service of notice under section 80, C. P. C. a suit was filed claiming Rs, 3,132 with costs and interest at 6 % from the date of the suit till payment. The suit was resisted and several pleas were taken. It was pleaded that the suit was barred under section 75 of the Railways Act and, further, the shortage being the result of theft from running train the railway was exonerated from any liability under section 72 of the Railways Act. Since the respondent had endorsed the railway receipt in favour of Nasir Trading Company they could not file the…

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