Dave, J.—This is an appeal by the defendant against the judgment and decree of the District Judge, Bharatpur dated the 24th November, 1949.

2. The plaintiffs claim in the trial court was that on the 30th November, 1946, a consignment of seventeen iron pipes belonging to them was despatched from New Delhi Railway Station to Bharatpur under Invoice No. 97 R.R. No. 7857/63, that the goods should have reached Bharatpur ordinarily on the third day but instead of the goods being sent to Bharatpur they were misdirected to Gwalior, that when the plaintiff went to Gwalior he was told by the Station Master that the goods will be despatched when open wagons would be available, that the goods could not be delivered till the date of the suit on account of negligence or carelessness of the Railway and that a decree for Rs. 1329/8/- should be given against the defendant to compensate the plaintiffs, for their loss. The defendant traversed the suit and raised several objections, whereupon the following issues were framed—

1. Whether the cost of the pipes is Rs. 1329/8/- and the plaintiffs are entitled to recover them?

2. Whether notice under sec. 80 C.P.C. was issued?

3. Whether notice under sec. 77 I

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