SATISH CHANDRA, J. :- This is a defendant's second appeal. It arises out of a suit for recovery of Rs.1200/-on ground of non-delivery of one bale out of a consignment consisting of three bales of cloth. This consignment was booked at Ahmedabad Railway Station belonging to the Western Railway on 12th January. 1961, for delivery at Muzaffarnagar. The goods were delivered to the plaintiff at Muzaffarnagar on 24th January, 1961, but the Railway Administration gave delivery of only 2 bales. One bale was not delivered at all.It was alleged that this bale contained 160 Dhoti-Jodas worth Rupees 1123.17 N.P. The plaintiff served a notice under Section 77 of the Indian Railways Act and Sec.80. Civil P.C. on the General Manager, Northern Railway, New Delhi; and not evoking any response, filed the present suit on 14th August, 1961. The plaint designated the defendant as Indian Union through the General Manager. Northern Railway, Headquarter Officer, New Delhi. By an amendment the phrase: through the General Manager. Northern Railway was scored out. It appears that after the amendment the plaintiff intended to sue the Union of India as the owner of the Western as well as the Northern R