UNION OF INDIA AS OWNER OF S E RLY AND CENTRAL RLY ADMINISTRATION Vs. NIRMAL KUMAR PROMODE KUMAR

JUDGEMENT

(1.) This application has been filed by the defendant under section 25 of the Provincial Small Cause Courts Act. It is directed against a judgment passed by the learned Small Cause Court Judge, "Ranchi, in a suit instituted by the plaintiff for recovery of Rs. 153-2-0, as compensation for non-delivery of a part of a consignment.

(2.) The plaintiff's case was that one bale of Sarees was despatched from Wadi Bunder bo the 13th of March, 1959, to be delivered at Ranchi. The consignment reached its destination, on the 11th of September, 1959, but the bate was found torn and the plaintiff took open delivery. It was found that 35 pieces of Sarees were missing. Thereafter, notices under section 77 of the Indian Railways Act and section 80 of the Code of Civil Procedure were given to the authorities, and this suit was filed in due course.

(3.) The suit was contested on one point only, that is to say, on the point that the notice under Section 77 of the Railways Act had not been seryed within proper time. Thus, it was contended that the suit was not maintainable.