( 1 ) THE respondent Mithanlal, since deceased, had instituted Civil Suits Nos. 5-B and 8-B of 1948 in the Court of the 2nd Civil Judge, Class I, Sagar, against the appellant, Dominion of India, for recovery of damages. The two suits were consolidated as common questions of law and fact arose for decision. They were disposed of by a single judgment and decree. Only one appeal has, therefore, been filed against the decree which governs both the suits. It was not disputed that due to the amendment of Section 79, Civil Procedure Code, in 1950, the description of the appellant should be ''union of India". The necessary correction, which is only of a technical nature shall accordingly be made in the heading of the memorandum of appeal. The present respondents are the legal representatives of mithanlal.

( 2 ) CIVIL Suit No. 5-B of 1948 relates to the damage done to the consignment of tobacco from Naoli Railway Station on the Bombay Baroda and Central India railway. The consignment was booked on 24-7-1947 to Sagar on the Great Indian peninsula Railway and reached the destination on 14-8-1947. The connected suit (No. 8-B of 1948} was instituted for recovery of damages in respect of the con

Click Here to Read the rest of this document