Judgment

HEGDE, J.:- The only question that arises for decision in this appeal by certificate is whether the High Court is right in holding that the notice issued by the appellant-plaintiff under Section 80, Civil Procedure Code is defective and therefore the suit is not maintainable.

2. The plaintiff despatched on July 29, 1947 certain copper articles from Gujranwala through North Western Railway to a place call Aghawanpur near Moradabad. That consignment never reached the destination. Consequently the plaintiff claimed a sum of Rs, 13,880/- as damages. The learned Civil Judge, Moradabad, who tried the suit decreed the plaintiffs claim in a sum of Rs. 10,206/9/with interest at six per cent from 15-8-1947 till the date of realisation. As against that decision, the Union of India went up in appeal to the High Court of Allahabad. The decree of the trial Court was assailed on several grounds one of them being that the notice issued under Section 80, Civil Procedure Code is invalid. The High Court accepted the contention of the Union of India that the notice in question is invalid but rejected the other pleas, advanced on its behalf. It accordingly allowed the appeal and dismissed the su