JUDGMENT - Chandurkar J.-The respondent-plaintiff had filed a suit against Union of India, appellant in this appeal, for recovery of Rs. 68,033.95 whicn includes interest of Rs. 25,575.95 on the amount of Rs. 42,458 being the price of goods sold and delivered by the plaintiff to the defendant and which, according to the plaintiff, have been wrongly rejected by the defendant by their rejection order dated 3rd October 1975.

2. Prior to the suit, a notice under section 8G of the Civil Procedure Code was served on the Union of India on 31–7-197 Even prior to that, a letter was served by the plaintiff on the defendant on 1st December 1975 through the General Manager of Western Railway requiring them to pay the suit amount and this letter was accompanied by a copy of the plaint which the plaintiff proposed to file. The Union of India was thus given due information by the plaintiff as far back as 1st December 1975 that the plaintiff would file a suit if the amount due is not received.

3. The suit is filed on 2–10–1978 which is almost the last day of limita- tion. Summons of the suit was served on Union of India on 27–10–1978. It was only on 9–12–1979 that Union of India took out a notice o

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