( 1 ) THE only question raised for consideration in this appeal is whether the suit brought by the appellant for recovery of a sum of money as compensation for non-delivery of a consignment of Iron or Steel Files consigned at first from Karachi to Ladnum station and thereafter rebooked from Ladnum to Howrah Station was barred by limitation. The courts below found that the appellant would have been entitled to a decree for the amount claimed except for the fact that notice under Section 77 of the Indian Railways Act had not been properly served and also because the suit was barred by limitation. In that view, the suit was dismissed by the trial court and that dismissal was upheld by the court of appeal below,

( 2 ) BEFORE us Mr. Bose who appeared for the respondent Union of India seated that he would not press the objection under Section 77 of the Indian Railways Act but would contend that the courts below were right in their conclusion that the suit was barred by limitation.

( 3 ) IT is not disputed that Article 31 of the Limitation Act is applicable. That Article provides for a period of one year from the time when the goods ought to be delivered for such a suit fo