Service of a notice under Section 80, Civil P. C. on the Secretary of the Railway Board at the Railway Board's office constitutes valid service on a Secretary to the Central Government, satisfying the requirements of Section 80.

( 1 ) A short point arises for decision in the present appeal. It relates to the validity of the notice under Section 80, Civil P. C.

( 2 ) THE relevant facts He within a short compass:

( 3 ) IN October, 1942, the plaintiff company-booked two consignments of tea valued respectively at Rs. 7235/- and Rs. 3509/- at Gangasagar Railway Station of the B. and A. Railway, administered by the Central Government, ior carriage and delivery to the plaintiff's Calcutta Agents Messrs. S. C. Dutt and Co. , at the Tea Ware House T. T. Shed, Kidderpore.

( 4 ) THE second consignment was duly delivered to the plaintiif's brokers, Messrs. W. S. Creswell and Co. , although the plaintiff company did not. actually get it due to some mixing up with other teas at the Port Commissioners' Godowns, but the first consignment got lost in transit on the railway. The plaintiff company also appears to have refused the offer of rateable payment, made to them, in respect of the second consignment, under the Port Commissioners' 'b' Scheme.

( 5 ) THERE was prolonged correspondence between the plaintiff company and the Railway concerned and thereafter the present suit was instituted on 30th August, 1944, claiming the value of the goods, as set forth above, and interest Rs. 1934, the total claim being put at Rs. 12678/ -.

( 6 ) IN the plaint, service of the statutory notices under Section 77 of the Indian Railways Act and Section 80 of the Code of Civil Procedure was pleaded but, at the trial, it was admitted that there was no notice given within time under Section 77 of the Railways Act in regard to the second consignment. The notice under Section 80, Civil P. C. was also admittedly addressed to the Secretary, Railway Board, New Delhi, and served upon him.

( 7 ) THE learned Subordinate Judge has dismissed the plaintiff's suit and hence the present appeal. The appeal, however, is confined to the first consignment, the claim in regard to which has been dismissed only on the ground that the notice under Section 80, Civil P, C. , was not valid, legai and proper. With regard to this

consignment, the learned subordinate Judge has found in favour of the plaintiff on all the other points, including the question of limitation and service of notice under Section 77 of the Indian Railways Act, but the suit has been dismissed because of the alleged defect in the Section 80 notice, to which reference has been made above.

( 8 ) THE point, therefore, that requires consideration is whether the notice under Section 80, Civil P. C. , or the service thereof was bad in law.

( 9 ) THE relevant notice (Ex. 1 (x)) was addressed and sent to the Secretary, Railway Board, Newt Delhi, and the General Manager, B. and A. Railway, Calcutta. There is no dispute that the notice was duly received by the addressees. In the notice, the claim was made against the B. and A. Railway and particulars of the plaintiff, the cause of action and relief, as required by Section 80 of the Code, were also duly given. The demand was no doubt for payment within 30 days from the receipt of the notice but, as the suit was actually filed long after the statutory two months after service of the same, the notice cannot be held to be defective on this score.

( 10 ) TO the above notice two replies were received by the plaintiff -- one from the Railway Board (Ex. 1 (y), D/- 4-7-1944, acknowledging receipt and intimating that the notice had been "forwarded for disposal to the General Manager, B and A Rly. , Calcutta, who is the competent authority to deal with the matter and to whom all further reference on the subject should be made" end the other (Ex. 1z (17)), dated 16-8-1944, from the Chief Commercial Manager, Bengal and Assam Railway, acknowledging receipt of the notice and stating that the second consignment had been duly delivered on 19-11-1942, and, as regards the first consignment, the matter was still under enquiry, on completion of which the result would be communicated to the plai