( 1 ) THIS Second Appeal is directed against the judgment and decree in R. A. No. 6/90 passed by the Court of Additional District Judge, Shimoga. The first appellate Court while dismissing the appeal confirmed the decree passed by the Court of Civil Judge, in O. S. No. 13/83 wherein the plaintiff's suit was dismissed. A few facts briefly stated are thus:

( 2 ) THE plaintiff field a suit for recovery of Rs. 92,282-20 being the value of the consignment despatched. Since the same was not delivered at the intended destination the plaintiff caused a notice through his Advocate dated 22-6-1982 addressed to the General Manager, Southern Railways, Madras, The Chief Commercial Superintendent, Southern Railways, Madras and the Chief Commercial Superintendent, Jodhpur. It is also an admitted fact that the notice which was got issued by the plaintiff through his Advocate was not signed either by the party or by the Advocate. The plaintiff has got the copy of the notice marked as Ex. P-12, whereas the defendants have got the copy of Ex. P. 12 (another copy of the notice) marked as Ex. D-2.

( 3 ) FROM a perusal of Ex. P. 12 and Ex. D. 2 it could be stated that the contents