JANESHWAR LAL RAJESHWAR LAL Vs. DOMINION OF INDIA
HIGH COURT OF PUNJAB AND HARYANA
Janeshwar Lal Rajeshwar Lal
DOMINION OF INDIA
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Harnam Singh, J. -
(1.) ON 24 -8 -1949, Messrs. Janeshwar Lal -Rajeshwar Lal Jain of Simla instituted Small Cause Suit No. 138 of 1948 for the recovery of Rs. 222 -130 from the Dominion of India (now Union of India) on account of compensation for short delivery of goods weighing 1. maund, 21 seers sent by rail from Farrakhabad to Simla. The Defendant resisted the suit pleading inter alia, that the giving of notice under Section 77, Railways Act, 1890, hereinafter referred to as the Act was necessary to the maintainability of the suit, that the Plaintiff firm was to prove that short delivery was due to the negligence and misconduct of the railway authorities and that the Plaintiff firm had not served notice as required by Section 80, Code of Civil Procedure.
(2.) ON the pleadings of the parties the trial Court fixed the following issues:
1. Whether the notice of claim as required by Section 77, Railways Act, was served on the E.I. Rly., N.W. Rly. and E.P. Rly.?
2. Whether the notice of suit as required by Section 80, Code of Civil Procedure, was served?
Has the Plaintiff the locus standi to sue?
(3.) IS the Plaintiff -firm a joint Hindu family firm?;
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