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Citation: 1962 PLD 810
Court: Dacca
Year: 1968
Decision Date: 1968-08-15
Parties: PAKISTAN EASTERN BENGAL RAILWAY vs M. L. JHAWAR
Case cited as PLD 1962 Kar. 810
Court Name: Dacca Judge(s): A. H. Khan, A. S. Chaudhry Title: PAKISTAN EASTERN BENGAL RAILWAY vs M. L. JHAWAR Case No.: Appeal from Original Decree No. 27 of 1961 Date of Judgment:1968-08-15 Reported As: PLD 1970 Dacca 780 Result: Appeal dismissed JUDGMENT JUDGMENT A. S. CHOWDHURY, J.-This appeal is at the instance of the defendants and directed against the judgment and decree passed by Mr. M. S. Rahman, Subordinate Judge, Dinajpur on the 20th July 1960. Plaintiff's case briefly stated, is that he is a merchant who deals in Jute and is the proprietor of Kamal Jute Bailing Company. On the 6th April 1958, he booked to himself 80 bales of raw jute weighing 320 mds under Invoice No. 4 forwarding Note No. 30 R/R No. 018930 from Shibganj Railway Station to Dinajpur. When the consignment did not reach the destination even after long delay, the plaintiff wrote to the Railway authorities enquiring about the same. No reply having been received he asked the Station Master of Dinajpur for a certificate to the effect that the consignment did not reach the station at ail. After a good deal of correspondence the plaintiff was for the first time informed by the District Traffic Superinten--dent, Lalmonirhat, on 8-7-58 that the wagon No. E.B.B.C. 4168 containing the 80 bales in question caught fire on 6-4-58 and the wagon was still lying, at Shibganj. This information was confirmed by the Station Master Shibganj by his letter No. E. B. O. P./T 31 dated 24-7-58. It is further claimed that…
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