- (1.) This second appeal arises out of the judgment and decree dated 23.11.1990 rendered in Civil Appeal No. 03 of 1987, Awadhesh Kumar Agarwal Vs. Union of India and another, by learned Special Judge, Essential Commodities Act, Etah, which reverses the judgment and decree of the learned trial court/ learned Additional Civil Judge, Etah in Original Suit No. 15 of 1984, (Awadhesh Kumar Agarwal Vs. Union of India and another), dated 05.08.1986.
(2.) The instant second appeal has been instituted by the defendants in the civil suit.
(3.) The plaintiff-respondent brought civil proceedings, registered as Original Suit No. 15 of 1984, (Awadhesh Kumar Agarwal Vs. Union of India and another), seeking compensation for damage caused to goods by the negligence of the Railway authorities. The learned trial court by judgment and decree dated 05.08.1986 had dismissed the suit of the plaintiff on the foot that the notice dated 21.07.1981 sent by the plaintiff, under Section 78B of the Indian Railways Act, 1890, was not served upon the Railway authorities within the time stipulated under the said provision.;