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