Judgement

WANCHOO, J. : These three appeals raise common questions and will be dealt with together. They arise out of two suits filed against the Government of India claiming damages for loss of goods which were destroyed by fire on the railway platform at Morar Road Railway Station. One of the suits was filed by Birla Cotton Factory Limited, now represented by the West Punjab Factories Limited (hereinafter referred to as the factory). It related to six consignments of cotton bales booked from six stations on various dates in February and March 1943 by the factory to Morar Road Railway Station. In five of the cases, the consignment was consigned to J. C. Mills while in one it was consigned to self. The consignments arrived at Morar Road Railway Station on various dates in March. Delivery was given of a part of one consignment on March 7, 1943 while the remaining goods were still in the custody and possession of the railway. On March 8, 1943 a fire broke out at the Morar Road Railway Station and these goods were involved in the first and serve damage was caused to them. It is not necessary to refer to the details of the damage for the matter is not in dispute between the parties. The