This Civil Revision Petition arises out of S.C.S. No. 212 of 1946 on the file of the Sub-Court, Kakinada. The plaintiff claimed Rs. 400 and odd for loss of goods sent through the M. & S.M. Railway. He gave notices, Ex. A-1 dated 22nd August, 1946, to the Chief Commercial Manager, M.& S.M. Railway, Ex. A-3 of the same date, to the Manager, M.& S.M. Railway and Ex. A.-6 a notice under section 80, Civil Procedure Code, to the Secretary, Governor-General of India in Council, Department of Railways, New Delhi. Amongst several defences raised by the defendant the objection to the validity of the notice, Ex. A-6 is pressed. The trial Court held that proper notice under section 80, Civil Procedure Code, was not given and dismissed the suit.

In revision it is argued that Ex. A-6 satisfies the requirements of section 80 and that the lower Court is wrong in holding otherwise. That notice was issued to “the Secretary, Governor-General of India in Council, Department of Railways, New Delhi,” and it states that it is under section 80, Civil Procedure Code. In the body of the notice it is set out that the goods were despatched through the M. & S.M. Railway and that the goods were not deliv