Service of notice under section 80, Civil Procedure Code, on the General Manager of one railway is sufficient when the suit relates to two railways administered by the Central Government.

1. The plaintiff, the Landra Engineering and Foundary Works, obtained 597 pieces of round iron from the Tata Iron and Steel Company defendant No. 2 and there pieces were booked by the said Company with the Eastern Railway (at Tata Nagar Railway Station) for being delivered to the plaintiff at Phillaur (Railway Station on Northern Railway). The plaintiff was given short delivery by 227 pieces. The present suit was instituted for the recovery of price of these short-delivered pieces and also for the profits, which the plaintiff would have gained it these pieces had been delivered to it. The Union of India was made a defendant owing and representing the Northern and Eastern Railway Administration through (a) the General Manager, Northern Railway, New Delhi, and (b) The General Manager, Eastern Railway, Calcutta. The Tata Iron and Steel Company Limited, Calcutta, was also made a defendant through its Manager.

Notice, Exhibit D. 4 was served by the plaintiff under section 80, Civil Procedure Code, on the General Manager of the Northern Railway. But no notice had been served on the Eastern Railway which was the contracting railway. The trial Court held that notices ought to have been served on both of them and the plaintiffs suit was dismissed. On the merits, however, the plaintiff was held entitled to the market value of the goods at the time of delivery. On appeal Additional District Judge, disagreeing with the view of the Court of first instance held that notice served on one Railway Administration was quite sufficient.

Dua

2 The facts necessary for our present purpose have been stated in my referring order and, therefore, need not be repeated. The question requiring consideration by this Bench is whether notice under section 80 of C.P.C. was required to be served on both the Easter and Northern Railways or service on the Northern Railway alone is sufficient compliance with the provision of this section. It is admitted that a proper notice has been served on the General Manager of the Northern Railway, whereas no such notice has been served on that of the Eastern Railway.

Section 80, Code of Civil Procedure is in the following terms:-

- "No suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of- (a) in the case of a suit against the Central Government, except where it relates to a railway, a Secretary to that Government;

(b) in the case of a suit against the Central Government where it relates to a railway, the General Manager of that railway;

(c) in the case of a suit against a State Government, a Secretary to that Government or the Collector of the district;

and in the case of a public officer, delivered to him or left at his office, stating the cause of section, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left."

In order to better understand its scope and effect, it is necessary also to advert to section 79 which provides for suits by or against Government. According to this section, in a suit by or against Government, the authority to be named as plaintiff or defendants, as the case may be, shall be:-

(a) In the case of a suit by or against the Central Government, the Union of India and;

(b) In the case of a suit by or against the State Government, the State.

Reading the two sections together, it is obvious that when a suit is instituted against the Central Government relating to a railway, it is the General Manager of that railway to whom or at whose office, a notice in writing, as contemplated by section 80, may be delivered or left, as the case may be. The railway administered by the Government, it may be mentioned, is not required to be named as a party to the s