V. D. BHARGAVA, J.

( 1 ) THIS is an application in revision by the plaintiff against an order of dismissal in a suit filed by him for compensation for non-delivery of the goods.

( 2 ) THE plaintiff was a dealer inter alia in cigarettes and he had purchased 50,000 cigarettes from the National Tobacco Company Limited of India. They were supplied from their depot at Unnao and were packed in two cases, and were handed over to the railway authorities at the Ajgain railway station to be despatched to Amroha on 8-11-1950 and railway receipt No. 678514 was issued to the plaintiff. At Amroha only one package of the consignment was delivered but not the other. Thereafter a notice under Section 77 of the Railways Act and Section 80 C. P. C. were given to the Chief Commercial Manager, East Indian Railway on 5-12-50 and since the Railway did not pay the damages, hence the suit.

( 3 ) THE defence inter alia was that the notice under Section 77 of the Railways Act and under section 80, Civil P. C. were invalid notices as the name of the station of despatch had wrongly been given as Unnao and not Ajgain.

( 4 ) THE Small Cause Court held that so far as the notice under Section 77 of the Railways Ac

Click Here to Read the rest of this document