JUDGMENT - 1. The applicant Union of India through the General Manager Central Railway, Bombay, has come here in revision from the decree passed by the Joint Civil Judge, Akola, decreeing the claim of the plaintiff against the railway administration for the recovery of a sum of Rs. 155.20. On 17-12-1962, three ginger bags were booked at Ottappalam on the Southern Railway to be carried to and delivered to the consignee at Akola on the Central Railway. These bags never reached Akola and were not delivered. The consignee plaintiff therefore filed a suit against the Central Railway claiming a decree for compensation on 11-8-1964.

2. The defendant denied the claim and contended that the suit was liable to be dismissed because it was barred by limitation. The suit was not filed within one year from 22-10-1962 when the consignment ought to have been delivered. The trial Court considered the plea and came to the conclusion that there was some correspondence between the plaintiff and the railway administration and that it continued upto 12-8-1963. By this correspondence full information had been called for. The correspondence showed that an enquiry was being made and the railway administrati

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