ORDER :- This is an application by the plaintiff Gajadhar Shaw for revision under S. 25 of the Provincial Small Cause Courts Act, of an order passed by a Small cause court Judge of Howrah, dismissing a suit for compensation against the B. N. Rly. for non-delivery of a part of the goods consigned by him. It appears that an 10-6-1950 the plaintiff consigned from Ghatsila 18 tons 10 cwt. of scrap iron which was despatched in one wagon and reached the destination, namely, Salimar on 3-7-1950. On weighment on route at Kharagpore the goods were found to weigh 18 tons 10 cwt. On arrival at the destination on 3-7-1950 when delivery was taken the goods were found to weigh 12 tons only, so that there was a short delivery of 6 tons, 10 cwt. The plaintiff asked for compensation for this short delivery. The suit was first instituted in the Small Cause Court at Sealdah on 4-8-1951, but on 30-1-1952, on the prayer of the plaintiff himself, after hearing the lawyer of the parties the Sealdah court directed the plaint to be returned for presentation before the proper court The plaint was filed again before the Small Cause Court Judge at Howrah on 21-2-1952. The learned Small Cause Court Judge dismi

Click Here to Read the rest of this document