1. In this case the petitioner has brought a money suit in the Court of the Munsif, 1st Court, Chapra, against the opposite party for realising a sum of Rs. 2520 and odd, being the value of goods which were not delivered out of a particular consignment. In paragraph 5 of the plaint the petitioner alleged that notices under Section 77 of the Indian Railways Act and Section 80 of the Civil Procedure Code had been sent to the opposite party per registered post on the 5th of June, 1950. The suit was contested by the opposite party on the ground that notices under Section 77 of the Indian Railways Act and Section 80 of the Civil Procedure Code had not been served.

During the trial of the suit the petitioner made an application on the 3rd of November, 1954, praying that the opposite party should be called upon to produce the register in which there were entries regarding receipt of notice and letters. The opposite party filed a rejoinder on the 23rd November, 1954, that no such register was maintained. Later on, on the 6th of January 1956, the petitioner made an application to the trial Court to the effect that they had come to know that a fife No. NCS/338/CPR of 1951 was maintai