The main legal point established in the judgment is that a combined notice satisfying the requirements of both Section 77, Railways Act and Section 80, Civil P.C. is permissible, and once the Railway Administration is taken over by the Secretary of State, the suit against the Secretary of State is valid without the need for a fresh notice under Section 80, Civil P.C.

Devadoss, J.

1. This is an application to revise the decree of the District Munsif of Rajahmundry in Small Cause Suit No. 679 of 1925. The plaintiffs suit is for damages for loss of goods in transit and defendants 2 and 4 are the G. I, P. By. Co. and the Secretary of State for India in Council. The District Munsif decreed the suit. The Secretary of State has filed this petition.

2. The contention of Mr. Nambiar on behalf of the petitioner is that no notice was served on the Secretary of State as required under Section 80, Civil P.C. The plaintiff who consigned at Bombay some goods has brought this suit against the Railway Company and the Secretary of State for loss of goods in transit. He gave a notice as required under Section 77, Railways Act, within six months of the loss, that is, on 20th February 1925. The Railway Administration was taken over by the Secretary of State for India on 1st July 1925, and the suit was filed on 18th August 1925. The question is whether the suit is bad by reason of the want of notice under Section 80, Civil P.C. It is urged by Mr. Nambiar that the provisions of Section 80, Civil P.C., are imperative and before a suit could be filed against the Secretary of State the provisions of Section 80 should be strictly complied with as regards the names of parties, places of residence and other particulars and a suit could not be filed before the expiry of two months from the date of service of notice. Section 77, Railways Act runs as follows:

A person shall not be entitled to a refund of an overcharge in respect of animals or goods carried by railway, or to compensation for the loss, destruction or deterioration of animals or goods delivered to be so carried, unless his claim to the refund or compensation has been preferred in writing by him or on his behalf to the Railway Administration within six months from the date of the delivery of the animals or goods for carriage by railway.

3. Before a suit could be filed against the Railway Administration a claim as regards loss should be made within six months and in the absence of such notice a suit is not maintainable, and as this has been decided over and over again it is unnecessary to refer to the authorities on that point.

4. The question is whether in this ease a second notice under Section 80, Civil P.C., is necessary. It is urged for the respondent by Mr. Vallabhacharyulu that notice under Section 77, Railways Act, has to be given to the Railway Administration and as under Section 3, Clause 6, Railway Administration by the Government means the Manager of the Railway, and includes the Government, and as under Section 140 a notice is required by this Act to be served on the Railway Administration it may be served in the case of a railway administration by the Government, on the Manager by delivering a notice or other document to the Manager or his agent, or by leaving it at his office, or by forwarding it by post in a prepaid letter addressed to the Manager or agent at his office and registered under Part III, Post Office Act 1865 and that a notice to the Manager of the Railway Administration is sufficient notice to the Government, that is, to the Secretary of State. I do not think that a mere notice to the administration of the loss of goods is sufficient compliance with the requirements of Section 80, Civil P.C., for Section 80, Civil P.C., requires certain particulars to be mentioned and in the absence of such particulars the notice cannot be held valid.

5. It was held in Radha Shyam, Basak v. Secretary of State [1917] 44 Cal. 16, that a notice given under Section 80, Civil P.C., was sufficient compliance with the requirements of Section 77, Railways Act. In order to make the Railway Administration liable for loss a notice within six months is a condition precedent. Without giving such notice a Railway Administration cannot be made liable and in order to make the Secretary of State liable it is necessary that notice should be given under Section 80