JUDGMENT : This is a plaintiff's appeal arising out of a suit for recovery of Rs. 950/- on account of non-delivery of one bale out of a consignment of two bales of cloth which had been booked on 27-8-1952 at Ahemadabad on the Western Railway for delivery to the plaintiff at Farrukhabad on the North Eastern Railway. Only one bale was delivered to the plaintiff and hence it claimed damages for the loss of the other bale.

2. The suit was contested inter alia on the ground that the plaintiff was not entitled to sue.

3. The trial Court dismissed the suit, and its decision was affirmed on appeal by the lower appellate Court.

4. The only question for consideration is whether the plaintiff was entitled to any relief as against the defendant-respondent.

5. The suit was instituted against 'the Union of India, New Delhi, even through General Manager, North Eastern Railway, Gorakhpur.' It was fully established that notices under S. 77 of the Indian Railways Act and Section 80 of the C.P.C. had been duly served both on the General Managers of the Western Railway as also of the North Eastern Railway. The plaintiff based its claim on the ground that out of the consignment of two bales of clo