- (1.) The Revision petition arises out of a suit for damages for non-delivery of goods delivered to the East Indian Railway Administration for consignment from Baghbazar, a station on that Railway to Dhubri, a station on the Assam Railway. The East Indian Railway is owned and administered by the Union of India. Prior to the suit the plaintiff preferred a claim in writing by letter, dated the 10th June, 1950 sent by registered post to the Chief Commercial Manager, East Indian Railway. The letter was sent within six months from the date of the delivery of the goods for carriage by the Railway Administration.
(2.) The Trial Court formulated three points for decision: (1) Were the statutory notices duly served Are they legally valid (2) Has the Court jurisdiction to try the suit (3) Are the plaintiffs entitled to recover any compensation, if so, to what extent
(3.) On point No.1 the Trial Court held that the service upon the Chief Commercial Manager, East India Railway, was not service upon the Manager, East Indian Railway and, therefore, there has been no legal service of the claim under Section 77 of the Indian Railways Act.;