S. BARMAN, J.

( 1 ) THE plaintiff is the petitioner in this Civil Revision against an order of the learned Small Cause Court Judge, Berhampur in S. C. C. Suit No. 257 of 1956 whereby he dismissed the plaintiffs' suit.

( 2 ) THE relevant facts, shortly stated, are these: In September 1955, the plaintiff, under an Invoice No. 170 dated September 22, 1955 consigned from Ahmedabad on Western Railway one bale of cotton piece goods for delivery to it at the Chhatrapur Railway Station on the South Eastern Railway. The goods arrived on October 15, 1955 and were left open on the platform at the Chliatrapur Railway Station instead of in a protected place with the consequence that the goods are alleged to have been drenched and damaged by rain water. The goods having not been taken delivery of within the reasonable time, demurrage Was charged. On December 28, 1955 an Assessment of Damage Certificate was issued by the Station Master Chhatrapur on the value of the bale. On January 27, 1956 a claim notice was served under Section 77 of the Railways Act. On August 26, 1956 notice under Section 80 Civil Procedure Code was served. Then, on December 20, 1956 the plaintiff filed a suit against the