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1956 Supreme(All) 176

AGARWALA, V.BHARGAVA
DOMINION OF INDIA – Appellant
Versus
GAYA PERSHAD – Respondent


Advocates Appeared:
B.K.DHAON, B.N.MULLA, G.N.MUKHERJEE

V. BHARGAVA, J.

( 1 ) THESE four appeals arise out of four different suits which were numbered as Suits Nos. 64/5 of 1947, 72/10 of 1947, 73/11 of 1947 and 74/12 of 1947 in the trial Court. In all the four suits the plaintiffs and the defendants were the same. The suits all related to a claim made by the plaintiff-respondent against the defendants-appellants who are the two railway administrations at present known as the Central Railway and the Northern Railway and which, at the time of the suits were known as the G. I. P. Railway and the E. I. Railway; The claim was in respect of damages to baskets of oranges which were sent from the railway station Katol on the Central railway to Lucknow on the Northern Railway. The consignors of the four consignments were different but the consignee in each case was the plaintiff-respondent. The first consignment in question was booked from Katol on the 21st of March, 1946 and the other three consignments were booked 011 the 22nd of April, 1946. In each case it was mentioned in the railway receipt that the wagon was to be carried by C. O. G. Special. We understand from learned counsel for the appellant that the correct term used is C. O. G. whic










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