JUDGEMENT :- This appeal is directed against the judgement and decree passed on 6-12-71 and 9-12-71 respectively by the Assistant District Judge, Sibsagar at Jorhat in Money Appeal No. 1 of 1970 reversing the judgement and decree passed on 23-12-69 and 6-1-70 respectively by the learned Munsiff, Jorhat in Money Suit No. 33 of 1969.

2. The plaintiff-respondent filed a suit for recovery of Rs. 3144.91 P. as compensation for short delivery of 20.43½ quintals of sugar. The defendant-appellant resisted the claim by filing written statement on various grounds including that there was no notice served on them under Sec. 78-B of the Indian Railways Act.

3. The learned Munsiff came to the finding that the plaintiff-respondent failed to prove that any notice under S.78-B of the Indian Railways Act was served by them on the defendants and on the basis of that finding he dismissed suit. The plaintiff-respondent being aggrieved by that judgement and decree of the learned Munsiff preferred an appeal before the Assistant District Judge, Jorhat. The learned lower appellate Court held that notice under Section 78-B of the Indian Railways Act was not necessary and on consideration of various