The petitioner is the plaintiff firm who sued the B.B. and CI. Railway as the 1st defendant, and the M. &38; S.M. Railway as the 2nd defendant to recover Rs. 1,541-4-0, being the value of 52 pieces of cloth found missing from one bale of a consignment of fifty bales despatched to Madras from Ahmedabad on the B.B. and C.I. Railway on 27th November, 1947. Notice of claim to compensation under section 77 of the Railways Act was given only to the M. &38; S.M. Railway within the six months period prescribed. No notice of claim was admittedly served on the B.B. and C.I. Railway. It was found that the loss did not take place on the M. &38; S.M. Railway. The suit was dismissed for failure to serve a notice of claim under section 77 of the Act on the B.B. and C.I. Railway by the learned Chief Judge of the Small Causes Court on this legal and technical ground. A new Trial Application before a learned Bench was dismissed, holding that the dismissal of the suit was correct.

The law applicable is to be found in sections 77, 80 and 140 of the Railways Act. Under section 77 a person shall not be entitled to compensation unless a claim has been preferred in writing by him or on his behalf t