( 1 ) THE respondent, Meghraj Agarwalla, brought the present suit for recovery of damages for non-delivery in respect of portions of two separate consignments of bidi tobacco. The first consignment was booked on 28-6-1928, and it is said that while on 20-9-1948, a portion of this consignment was duly delivered, four bags out of the thirteen bags were not delivered. The plaintiff assessed the damages in respect of this non-delivery at Rs. 1202/2/ -. The second consignment was booked on 8-11-1948. The plaintiff's case is that only a portion of this was delivered to him, the remainder 4 maunds, 30 seers of bidi tobacco was not delivered. The plaintiff assessed the damages in respect of this consignment at the sum of Rs. 1138/ -. The suit was brought on the total claim of Rs. 2340/2/ -.

( 2 ) IN the body of the plaint, the plaintiff averred that notice under Section 77 of the Indian Railways Act had been duly served. The defendant, the present appellant before us denied the validity of the notice under Section 77 and also pleaded that both the consignments were duly and correctly made over to the Eastern Bengal Railway Administration under clear receipt. Another p