( 1 ) THIS is defendants appeal from the judgment and decree of a learned Subordinate Judge 1st Class, Delhi, granting to Ham am Singh plaintiff a decree for Rs. 10,000. 00 with costs and against the Union of India and the General Manager, Northern Railway, New Delhi, in a suit brought in forma pauperis.

( 2 ) ACCORDING to the allegations in the plaint, on 16-3-1952 at about 4 A. M. , railway engine No. 1175 belonging to the defendants attached to the refuse train coming without light from Badli railway station smashed against the plaintiff s truck No. D. L. B. 1946 at level crossing gate No. CI-2 in mile No. 2/15 on Delhi Kamal railway line. This accident occured as a result of gross negligence on the part of the defenants employees, namely, the driver of the engine and the gate-man at the level crossing gate. The gate-man on duty had not closed the gate of the level crossing to indicate the arrival of the train, nor was there any signal to indicate this fact. Indeed, the gate-man on duty was, according to the plaintiff s allegations, sleeping at the time. The railway engine was moving in the reverse direction without lights. Even whistling was not sounded by the engine