Harries, C.J. - (1.) This is a petition for revision of a decree of a learned Small Cause Court Judge dismissing the petitioners' claim for damages against the Governor-General of the Dominion of India.
(2.) The plaintiffs brought a suit claiming damages for the failure of the Governor-General to deliver electric switches to the value of Rs. 1300 which bad been consigned for carriage by railway to Delhi. A sum of Rs. 1304 was claimed as damages. On behalf of the defendant a point was taken that no notice was served as required by Section 80, Civil P. C. The notice was not sent to the General Manager of the East Indian Railway as required by Section 80 of the Code, but was sent to the Secretary of the Railway Board at Delhi. Apparently the General Manager of the East Indian Railway received the notice at sometime or another, but there is no evidence at all as to when the notice reached him.
(3.) The learned Judge of the Small Cause Court held that as notice had not been served in accordance with Section 80, the suit was bound to fail and he accordingly dismissed it.;