( 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 Aug