( 1 ) THIS is an application for the amendment of a plaint tiled in the year 1951. The plaintiff Subodh Kumar Chatterjee filed this suit against the Union of India for recovery of Rs. 12500/- as damages for shortage of ground-nut oil booked by the plaintiff at Sealdah Station in December 1949 to Silchar in Assam. The plaintiff relies on a certificate of shortage issued by the Assam Railway on 18-6-1950. In paragraph 6 of the plaint the plaintiff states that "notice under Section 77 of the Indian Railways Act, has been duly served by the plaintiff on the Company" meaning (East India Railway Administration) "and the said Assam Railway at Calcutta within the jurisdiction". In paragraph 7 the plaintiff states "notice under Section 80 of the Code of Civil Procedure, has been duly given to the defendant" and in paragraph 8 "inasmuch as part of the cause of action herein arose in Calcutta within the jurisdiction aforesaid and pleaded in paragraph 6 hereof, the plaintiff craves for leave under Clause 12 of the Letters Patent". The application has been made nearly eight years after the institution of the suit by adding to paragraph 7 above the following sentence: "the said