( 1 ) THIS is a revision application by the Union of India against the decree in the sum of Rs. 1583. 38 passed against them by the Court of Small Causes Ahmedabad in the Civil Suit No. 6148 of 1973. The respondent herein is the plaintiff-firm that had filed the aforesaid suit for recovering the amount of Rs. 1600. 00 by way of compensation on account of the non-delivery of the suit consignment notice charges and interest on the amount claimed. The plaintiff alleged that one bale of cloth was consigned from Ahmedabad to Buxar on 26-11-71 but the Railway administration did not at all deliver the same to the consignee. The suit was resisted by the railway on various technical pleas but the substantial plea that was raised vas that the defendants were protected under sec. 77b of the Indian Railways Act. The said plea was negatived and the decree came to be passed.

( 2 ) MR. M. M. Shah the learned advocate for the Union of India owning and representing the Eastern and Western Railways urged that the plaintiff-consignor had not mentioned the value of the goods namely T. C. cloth which was mentioned in the Second Schedule appended to the Act and consequently the administr