- (1.) This is a second appeal by the defendant against the judgment and decree of the Additional District Judge, Sangrur, 19th Mar. 1975.
(2.) Briefly, the facts are that 220 bags of Superphosphate (fertilizer) purchased by the plaintiff were booked at Ambar Nath Railway Station on 15th July, 1969, for delivery at Dhuri. The bags were lost during the transit. The plaintiff instituted a suit for recovery of Rupees 9,950/- on account of price of the goods and interest thereon at the rate of 6 per cent per annum from the date of the booking of the goods up to the date of the suit.
(3.) The suit was contested by the defendant who inter alia pleaded that notice under S. 78-B of the Railways Act (hereinafter called the Act), was not duly served upon it and that the same was not given by an authorised person. Some other pleas were also taken but they do not survive in second appeal.;