1. The appellant is the Union of India represented by the General Manager, Southern Railway, and the defendant in the suit. The suit was for damages on account of short delivery. The wagon containing the article arrived in the destination on 29th September 1981 and a request for re-weighment of the goods was rejected by the Chief Goods Clerk on the same day. Thereafter the plaintiff got it weighed on 1st October 1981 and Ext. A-5 certificate showing the actual loss was obtained. Therefore, the limitation for filing the suit will start on 1st October 1981. Under S.12(1) of the Limitation Act, the day from which the period of limitation is to be reckoned is to be excluded. Thus the suit should have been filed under Art.10 of the Limitation Act at least on 1st October 1984. However, a notice under S.80 of the Code of Civil Procedure had to be sent and it was received by the defendant on 1st October 1984. The suit was filed on 16th November 1984 with a petition for permission to file the suit before the expiry of the two months required under S.80 of the Code. The permission was granted by the trial court. Ultimately, the trial court dismissed the suit on the ground of limi