Judgment

WANCHOO, J. : This appeal on a certificate granted by the Punjab High Court raises a question as to the interpretation of Art. 31 of the Limitation Act. The appellant had brought a suit in forma pauperis for recovery of a sum of over Rs. 24,000 from the Union of India in connection with non-delivery of certain goods booked with the railway. The appellant was trading in Gujranwala, which is now in Pakistan, under the name and style of G. M. Bootamal and Company and also under the name and style of Gopal Metal Rolling Mills and Company, he being the sole proprietor of both. On August 5, 1947, just before the partition the appellant handed over live consignments to the North Western Railway at Gujranwala for carriage to Jagadhari and these consignments were booked on the same day by two railway receipts. The consignments however did not reach Jagadhari. The appellant made inquiries and when no delivery was made he made a claim on the railway on November 30, 1947 for the price of the goods not delivered. Later, on January 22, 1948, the appellant gave notice to the railway under S. 80 of the Code of Civil Procedure in which it was said that the goods booked under the two railway