( 1 ) THIS Civil Revision pension raises a question relating to the interpretation of Sections 77 and 80 of the Indian Railways Act. 1890. It arises out of a suit instituted (or recovery of a sum of Rs. 1,415. 00by way of damages for the loss caused by the deals in transit of goods from Farukabad to Rajahmundry,

( 2 ) THE facts of the case may be briefly stated. The petitioner is a merchant at Rajahmuiidry dealing in vegetables. He purchased some potatoes at Farukabad. They were consigned at Farukabad to Rajahmuiidry under railway receipt dated 25-1-1554. The wagon reached Rajahmundry after a considerable delay and the goods delivered to the petitioner on 19-2-1954. When the wagon was opened, it was found that the potatoes were considerably damaged. The railway officers estimated the damage caused to the petitioner at 37 per cent of the cost. A week later, the petitioner laid a claim for Rs. 1,415. 00 as damages from the Southern Railway. As this demand was not complied with, he issued a notice both under S. SO C. P. C. and Section 77 of the Indian Railways Act to the three railway administrations, namely, the Southern Railway, the Central Railway and the Northern