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1970 Supreme(All) 400

J. S. TRIVEDI
Ram Khelawan – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Dhan Prakash, Advocate, For the Appellant / D. Sanyal, Advocate, For the Respondents

JUDGMENT

Trivedi, J. - This is a plaintiff's second civil appeal against the judgment and decree of the Second Civil Judge, Banda, dismissing the appeal and confirm.- in- the decree of the trial court. The suit was filed by the plaintiff for realisation of Rs. 730 as damages. The plaintiff's case was that on 7-11-1958 two wagons of fuel wood were loaded by him for being despatched to Prayag, but the railway receipts were not delivered on 7-11-1958. Another Station Master took charge on 8-11-1958 and the railways receipts were not delivered on that day as well. On 9th November, 1958 the Station Master demanded some illegal sum and on the plaintiff's refusal to pay, he was told to pay a sum of Rs. 35 per svagaon as demurrage. The plaintiff protested and told the Station Master that the wagons should have been booked to Prayag Station and not to Allahabad Junction station. When the railway receipts were not delivered to the plaintiff till 12-11-1958, the plaintiff complained to the D.V.S. Jhansi and A.O.C.I. Banda. It was also stated that several letters thereafter were sent to the authorities complaining against the action of the railway administration but to no effect. The suit out o

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