( 1 ) THIS is a Rule against an order of the Full Bench of the Calcutta Court of Small Causes upholding a decree of the trial Judge dismissing the plaintiff's suit. The plaintiff's suit was filed on December 21, 1948, against the Governor-General of the Dominion of India. His claim is in respect of loss, non-delivery, or destruction of two consignments valued at Rs. 187/8/ -. The goods were despatched from a station on the, Bombay Baroda and Central Indian Railway to Calcutta to be delivered by the Bengal Nagpur Railway.

( 2 ) BOTH the lower Courts have dismissed the suit on the ground that no notice under Section 80 of the Code of Civil Procedure has been served. The only notices proved are Ex. 4, copy of notices sent by registered post to the General Managers of each of the two Railways, dated July 21, 1948, with the accompanying acknowledgment due from the General Manager of each Railway. Besides these notices another notice was sent on August 12, 1948, addressed to the Governor-General of India in Council, through the Secretary to the Government of India, Railway Department, (Railway Board, New Delhi ). In the trial Court, the last notice was referred to as a not