Judgment

BACHAWAT, J.: On March 28, 1951 the respondent consigned 10 bales of staple fibre yarn to the Southern Railway at Pudukad for carriage to Shalimar on the Bengal Nagpur Railway at the owner s risk rate. Of the 10 bales consigned, only 5 bales were delivered to the respondent. The respondent filed Suit No. 7 of 1952 against the Union of India representing the two railway administrations claiming damages for non-delivery of 5 bales. On March 28, 1951 the respondent consigned 10 bales of staple fibre yarn to Podnur on the Southern Railway for carriage to Shalimar on the Bengal Nagpur Railway at the owner s risk rate. Of the 10 bales consigned, only 1 bale was delivered to the respondent. The respondent filed suit No. 6 of 1952 against the Union of India, representing the two railway administrations claiming non-delivery of 9 bales. The two courts concurrently held that the loss was due to negligence or misconduct of the servants of the Bengal Nagpur Railway administration. The Trial Court held that the notices under Section 77 of the Indian Railways Act, 1890 and Section 80 of the Code of Civil Procedure were not duly served and dismissed the suits. The plaintiff filed two app