Dave, J.—This is a second appeal by the plaintiff against the judgment and decree of the District Judge, Bhilwara dated the 12th of May, 1952, reversing the decree of the Munsiff Bhilwara dated 25th of August 1951.

2. It involves an interesting question of law viz. whether the Union of India is responsible to pay damages in torts to a public servant in its employ on account of some mistake or wrong, if any, committed by another officer in its employment.

3. Before dealing with the question, it would be proper to narrate the facts giving rise to the present action. The plaintiff was station master and was posted at the station Lambia in the year 1948. On 6th of April, 1951, he filed the present suit for declaration and for award of Rs. 500/- as damages. His case was that on the 13th of May, 1948, he was continuously on duty for the last 56 hours since he got no relief from Bhilwara inspite of repeated intimations and so he fell ill on account of the strain of work. He found it impossible to work single handed any more and, therefore, he had to close the station and retire to his quarters within the premises of the same station. For this action, he was severely censured by the then D.

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