Kanhaiya Singh, J.

1. This is an application for revision of the order of Shri K.N. Singh, Additional Subordinate Judge Dumka dated the 17th day of July, 1954, by which he refused permission to the petitioner to adduce evidence on merits of the case and restricted the additional evidence to be adduced in rebuttal by the petitioner to the factum of the service or otherwise of the notice under Section 80 of the Code of Civil Procedure. The facts leading up to this application are these.

The opposite party instituted in 1951 Money Suit No. 20/10 of 1951/54 for recovery from the petitioner, who is the Union of India, of Rs. 19,820 on account of the price including incidental charges, of a consignment of 249 bags of mustard seeds weighing 529 mds. 5 srs. on the ground of non-delivery. The consignment was booked at Barley and was deliverable to the opposite party at Sahibganj. The petitioner resisted the claim substantially on the ground that the non-delivery of the consignment occurred due to circumstances beyond the control of the Railway.

It was alleged that when the consignment reached Moghalsaral, the card labels of the wagon were altered by some miscreants so as to read Pat