( 1 ) THIS appeal resurrects an old controversy. The controversy dates back to 1897. Since then judges have wrestled with the problem. The difference among them is marked by an expression of opposing views.

( 2 ) ON May 26, 1970, the plaintiff. National Small Industries Corporation Limited, brought a suit against the Union of India for the recovery of Rs. 1022. 49.

( 3 ) THESE are the allegations on which the claim was made. In pursuance of an order placed by Hindustan General Electric Corporation Limited Calcutta for supply of 500 pieces of antenna rods, the plaintiff placed an order with National Physical Laboratory New Delhi for the supply of these goods to Calcutta. Accordingly a consignment containing 500 pieces of antenna rods of the value of Rs. 1022. 49 was despatched by National Physical Laboratory under railway receipt No. 960742 dated June 15, 1967, ex-Delhi to Howrah. The plaintiff was the consignee of- the said railway receipt.

( 4 ) THE railway receipt was sent to Hindustan General Electrical Corporation Limited Calcutta for taking delivery of the consignment. They did not take delivery. The plaintiff wrote a letter on June 30, 1967 to the Station Sup