( 1 ) THIS revision petition has been filed, under Section 25 of the Provincial Small Cause Courts Act, by the Union of India, defendant, against the order of Mr. H. K. S. Malik, Additional Judge, Small Cause Court, dated 2nd December, 1970, by which the learned Judge has pronounced the judgment against the defendant petitioner on its failure to file the written statement within the time allowed by the court and the suit has been decreed for a sum of Rs. 325. 00 with costs.

( 2 ) MR. Y. K. Sabharwal, counsel for the petitioner, has in this revision assailed the legality and validity of the order and decree of the court below. The material facts of the case are that the plaintiff respondent instituted a suit for recovery of Rs. 325. 00 on the ground that the consignment had been booked by Railway to Delhi on 4th May, 1968 and there was short delivery resulting in the loss to the respondent for which the respondent held the Union of India, as owning the Railways concerned, to be liable. The suit was filed on 15th May, 1970 and was registered and summons for final disposal were issued to the defendant for 10th August, 1970. On that date the attorney of the defendant appeare