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Chaturbhuj - Ram Lal – Appellant
Versus
Secretary of State for India – Respondent
JUDGMENT
1. This is an order of reference in a case brought against two Railway Companies, in which it was alleged that some goods had been lost in transit and the defendant Railway Companies complain that proper notice was not given to them within the provisions of the Railways Act. The objection took two forms, one as to the failure of the claimants to prefer a claim within six months from the date of the delivery of the consignment, and the other that the notice, in the case of the East Indian Railway, was wrongly addressed. The Munsif has disposed of the first objection as regards time without reference to us on the question of law. The second question which he has referred to us is whether the notice was duly served upon the Manager within the meaning of Section 140. In our view, as a general rule, and in this particular case, it cannot be said to be a question of law at all, but is a question of fact, depending upon the evidence in each case, and we propose to deal with it in this case as a reference asking us for an expression of our opinion.
2. The evidence, so far as it goes, shows that the notice in question was sent off from some place in the Etah District (Barahdwari) by
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