Judgment

MUDHOLKAR, J. (For himself and on behalf of Sarkar J.) : The common question which arises in this group of appeals from 9 judgments of the High Court of Punjab which were disposed of along with 5 other appeals by a common judgment is whether the Union of India is liable to the consignees of different commodities or goods which were consigned to them by rail from various places in the country on account of their non-delivery. The appellants consignments were admittedly being carried by a goods train. No. 35 down, assembled at Agra on or about August 28, 1949, and stabled at Asaoti, a railway station about half was between Mathura and Delhi.

2. There is no dispute that the appellants consignments were to be delivered at Delhi and that they were in fact not delivered. According to the respondent these consignments were looted from the stabled train between the 4th and 11th September, 1947. Further according to it there being congestion in the yard at Agra the wagons in which these goods were being carried, along with other wagons carrying goods, were formed into a separate goods train at Agra which was taken to Asaoti and stabled there at the siding. In the normal course this t