CHITAMBARESH,J. - (1.)The goods were entrusted by the plaintiff to the defendant carrier for despatch from Calicut to Culcutta. It appears that the goods were transported from Calicut to Ichapuram by the defendant and later by another to Culcutta. The fact remains that there was a short delivery of goods by the time it reached the consignee. The consignee issued a telegram dated 27.5.1993 to the plaintiff intimating about the short supply of Bowl Assembly of the pump. The plaintiff thereupon issued Ext.A10 letter dated 31.5.1993 to the defendant in terms of Section 10 of the Carriers Act, 1865. The same was followed by the present suit claiming the value of the goods not delivered to the consignee.
(2.)All the issues have been found in favour of the plaintiff by the court below except on two counts. The first count is that the officer in charge of the defendant at Mattanur where the goods were shipped has not been impleaded. We fail to understand about the necessity for such impleadment when the defendant is very much a party to the suit. The plea of non joinder raised by the defendant is bereft of bona fides and is liable to be rejected.
(3.)The other count mentioned by the court below is the absence of a proper notice under Section 10 of the Carriers Act, 1865. Ext.A10 letter reads as follows: -
"We are pleased to invite your attention to the reference cited. We have now received a telegram from M/s. Garden Reach Shipbuilders and Engineers Ltd., Calcutta that they have taken delivery of the materials; but they have received only two packages instead of three contained in that L.R. The package containing the Bowl Assembly of the pump was not delivered. We request you to make an enquiry about the missing package and arrange for its immediate delivery. Please note that the Bowl Assembly is the critical part where the repair works has to be carried out. Without receiving this part the very purpose of sending the pump set to Calcutta can not be served. We, therefore, request you to take a very earnest steps in this regard and inform us the out -come immediately."
Section 10 only warrants a notice in writing of the loss or injury to be given to the Carrier within six months of the date of knowledge. The knowledge to the plaintiff was by telegram dated 27.5.1993 and Ext.P10 letter is issued thereafter on 31.5.1993. A period of six months has not been elapsed after the date of knowledge of the plaintiff in issuing a notice under Section 10 of the Carriers Act.