Kapur, J.

1. This is a plaintiffs appeal against a judgment and decree of the learned Senior Subordinate Judge of Simla dismissing the plaintiffs suit for recovery of Rs. 6000/- as compensation for non-delivery of goods.

2. By a railway receipt No. 157266 dated the 6th August 1947, 200 bags of wheat were booked at railway risk from Pitharo on Jodhpur Rail way to Simla addressed to Bhagat Food Depot who sold the goods to the plaintiffs and thereby transferred all their rights to them. On the 10th July 1948, a notice under Section 80, Civil Procedure Code, was sent to the Chief Admi nistrative Officer of Eastern Punjab Railway by Mr. Manmohan Nath on behalf of the plain tiffs. The relevant portion of this is as follows: "Under instructions from my clients Messrs. Salig Ram Tulsi Ram, merchants, Ganj Bazar, Simla, I have to give the following notice under Section 80, C. P. C. * * "

On the 20th July 1948, a suit was brought by the plaintiffs for recovery of Rs. 6,000/- on the basis of non-delivery of goods. The description of the plaintiffs was as follows: "Salig Ram, Manager and Karta of joint Hindu family firm of Salig Ram-Tulsi Ram, merchants, Ganj Bazar, Simla." In the body