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1951 Supreme(All) 21

MOOTHAM
DOMINION OF INDIA THROUGH THE SECRETARY I/c OF POSTS AND TELEGRAPH DEPT. – Appellant
Versus
NIHAL CHAND – Respondent


Advocates Appeared:
GOPAL BEHARI

MOOTHAM, J.

( 1 ) THIS is an appln. in revn. under Section 25, Small Cause Cts. Act.

( 2 ) A concern known as the Citizens Credit Syndicate Ltd. of Bombay drew seven credit notes in favour of one Dhanraj who transferred them by endorsement to the pltf. for a consideration of rs. 250. The notes were dishonoured on presentation, and upon this fact being brought to the notice of the Syndicate it requested the pltf. to send the notes to it and undertook to pay him the sum of Rs. 250. The pltf. sent the notes to the Syndicate by value payable post stating their value to be Rs. 250. The letter containing the notes was delivered to the addressee but owing to a mistake on the part of the postal authorities they neglected to collect any money from the syndicate. The pltf. having failed to obtain any redress from the postal authorities, filed a suit for the recovery of a sum of Rs. 250. The trial Ct. gave the pltf. a decree for the full amount claimed.

( 3 ) IN this appln. for revision it is contended that the Dominion Govt. is, by virtue of the proviso to Section 34, Post Office Act, 1898, absolved from all liability. That section enacts that : "the Central Govt. may, by notification in the





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