PATRA, J.

( 1 ) THIS is an appeal by the plaintiff whose suit to recover Rs. 5070 from the Union of India representing the defendant-Railways was dismissed by the Subordinate judge, Sambalpur. The plaintiff was the endorsed consignee in respect of a consignment of 220 bags of sugar booked from Bhatni to Jharsuguda. When the consignment was delivered there was a total shortage of 4437 kg. or 119 mds. of sugar. The plaintiff obtained a short certificate and served notices under Section 77 of the Railways Act and under Section 80 Civil P. C. Thereafter he filed a suit claiming damages for 4437 kg. of sugar and the cost of 36 gunny bags received in torn condition, amounting to Rs. 5070. The Union of India denied the title of the plaintiff to the goods and contended that the goods having been booked at owner's risk rate without compliance with the packing conditions and the bags being old and torn the defendant cannot be held liable for the loss. It was further contended that the statutory notices under section 80 Civil P. C. having not been duly served on the Railways, the suit was not maintainable. The correctness of the rate at which the damages were claimed was also disputed. At th