M.P.Verma, J.

1. The plaintiff petitioner had brought Money Suit No. 32/1 of 1961/63 in the Court of the first Additional Munsif, Sasaram, on the allegation that he got a bale of cloth booked from Howrah on 27-7-60 to be delivered at Bhabhua Road railway station, both the stations lying within the jurisdiction of the Eastern Railway. This consignment was not delivered to the petitioner at all and thereby he suffered a loss of Rs. 952.87 Paise. He, therefore, save a notice under Section 77 of the Indian Railways Act as well as Section 80 of the Civil Procedure Code to the Union of India representing the railway administration. After the expiry of two months from the date of the notice, the above mentioned suit was filed.

2. The Union of India, representing the railway administration, contested the suit and one of the grounds taken was that no valid notice under Section 80 of the Civil Procedure Code had been served on them. As regards the non-delivery of the consignment, it was alleged that it was correctly despatched in a lot of 42 packages, but it was stolen from the running train between Burdwan and Durgapur railway stations and over this accident the railway administrati