Takru, J. - (1.) This appeal by the plaintiff is directed against an appellate order of the learned Civil Judge, Mathura dismissing his suit for the recovery of Rs. 1226/13/6 as damages from the Dominion, now the Union of India. It has come up before us, on a reference by a learned single Judge, on account of the importance of the question of law involved in it. The brief facts giving rise to this appeal are as follows :
(2.) The plaintiff booked a consignment of silver ornaments from Mathura Cantonment Station on the B. B. C. I. Railway to Deoria Station on the O. T. Railway, The consignment was not delivered. The plaintiff thereupon laid a claim to Rs. 1226/13/6 with the administrations of both railways, and on not receiving satisfaction from either of them, brought the present suit, against the Dominion of India after giving notices under Section 77 of the Indian Railways Act to the General Managers of those railways and notice under Section 80, C. P. C. to the Secretary, Railway Board, New Delhi. Several pleas were taken in defence, but the one which prevailed with the Courts below, and on the basis of which they dismissed the suit, was that the notice under Section 80, C. P. C. was not a valid notice.
(3.) On behalf of the appellant his learned counsel Sri J. S, Gupta contended that, though the notice in question was addressed to the Secretary, Railway Board, New Delhi, yet as it was left at the office of a Secretary to the Central Government, it was a valid notice and the Courts below erred in holding otherwise. After hearing learned counsel for the parties, we are of the opinion that this contention has substance, and this appeal must, consequently, succeed. We shall, therefore, proceed at once to record our reasons for coming to that conclusion.;