Both the Courts below have held that the suit of the plaintiff appellant must fail by reason of want of notice under section 77 of the Railways Act. The plaintiff’s case is that one Kunjilal of Harunabad booked 450 bags of Bengal gram from Harunabad on the North Western Railway to be delivered to the plaintiff at Salem Market Station on the South Indian Railway. These bags were loaded in two waggons and the waggons arrived at the Salem Market in tact. The railway receipt showed the number of bags as 450. When waggon No. 5574 was unloaded on 12th January, 1945, it was found that it contained only 230 bags. The other waggon No. 29977 was unloaded on 13th January, 1945 and it contained only 200 bags. In respect of the shortage of 20 bags a telegram was sent by the Goods Station Master of the Salem Market to the Station Master at Harunabad. The Station Master, Salem Market, received a reply telegram from the Harunabad Station Master that waggon No. 5574 had been wrongly labelled to contain 230 bags, but that as a matter of fact 250 bags were loaded in that waggon. As the remaining 20 bags remained undelivered, notice was given to the Chief Commercial Superintendent, South India