JUDGEMENT:- The defendant is the appellant before this court and the plaintiff is the respondent. The plaintiff company placed orders with Messrs. Hindustan Steel Ltd., Calcutta, for 24-4 metric tons for the Trichy unit and 23-9 metric tons for Tanjore unit. The two consignments were loaded from Durgapur Steel Plant in two separate wagons. When the wagons arrived at Tiruchi goods-yard there was shortage in weight. The plaintiff filed a suit against the defendant for recovery of a sum of Rs. 3451-78 being the value of the shortage of the Tanjore consignment and Rs. 6442-02 being the value of the shortage of the Tiruchi consignment. They have also claimed weighment and demurrage charges for the Tanjore consignment. The defendant resisted the claim on various grounds and one of the pleas taken was that the plaintiff must strictly prove service of valid notice as required under S.78-B of the Indian Railways Act and Sec. 80 of the Civil Procedure Code. The trial court rejected all the contentions of the defendant and decreed the suit and this was confirmed in appeal by the lower appellate Court. Hence the present second appeal.

2. The learned counsel for the defendant-appellant