BIND BASNI PRASAD, J.

( 1 ) HAVING regard to the conflict of authorities on the interpretation of Section 77, Railways Act we have arrived at the conclusion that this case should be referred to a Full Bench.

( 2 ) BRIEFLY the facts are that two consignments, one of 246 bags and the second of 316 bags--total 562 bags of rice were made from the railway station Canning on the Bengal and Assam Railway to Dohrighat on the O. T. Railway on the 30th and 31-7-1942. These consignments never reached the hands of the plaintiffs and then they instituted a suit for the recovery of Rs. 9,500 as compensation. Learned Civil Judge had decreed the claim for Rs. 8,072-10-3 only.

( 3 ) ONE of the points raised in defence was that notice under Section 77, Railways Act had, not been given in the manner provided in Section 140 of the said Act to the three railways administrations namely: The Bengal and Assam Railway, the Best Indian Railway and the O. T. Railway. The contention on behalf of the plaintiffs-respondents was that according to Section 77 notice is required only when there has been "loss, destruction or deterioration of animals or goods delivered to be carried. " It was argued that non-deliver