B.Mukerji, J. - (1.) This is an application in revision on behalf of the Union of India against a decree of a Judge, Small Causes Court at Moradabad, whereby, the learned Judge decreed a suit filed by Lala Ram Kumar for damages for non-delivery of a part of a consignment.
(2.) A few facts have to be stated in order to appreciate the point of law raised by Mr. Sanyal on behalf of the Union of India in this petition. A consignment of ilaychi was booked from a place called Shyam Nagar in Bengal to Rampur in Uttar Pradesh on 10-9-1948 under Railway, Receipt No. 396733. Rarh Kumar was the consignee of the aforementioned consignment. Part only of the aforementioned consignment, which consisted of three bags arrived at Rampur on 11-10-1948: two bags reached Rampur while one did not.
(3.) Ram Kumar served a notice on the General Manager, East Indian Railway, Calcutta under Section 80 of the Civil Procedure Code on 15-9-1949. In this notice Ram Kumar mentioned the name of the station of booking as Sompur Khidarpur Docks. He, however, g ave the number of the railway receipt correctly. Further in the notice he gave the date of delivery as 24-9-1949 instead of 11-10-1948, which was the correct date of delivery of the consignment at Rampur.;