( 1 ) THIS second appeal arises from a suit for recovery of damages for short delivery and losses in connection with a consignment of 1005 bags of Ammonium Sulphate weighing 2715 mds. and 8 Srs booked at Bombay (Central Railway) to Dhamtari (South Eastern Railway ). The consignment was booked on 11th June 1957.

( 2 ) WHEN the plaintiff took delivery of the goods at Dhamtari Railway station on 25th June 1957, it was found that one bag (2 Mds. 30 Srs.) was missing, 300 bags torn and badly damaged; 3 bags were totally empty.

( 3 ) THE plaintiff sued the Central Railway and the South Eastern Railway. The former did not enter appearance and the case proceeded ex parte against it. The latter resisted the suit. The trial Court found in favour of the plaintiff on the issues regarding consignment of goods, their weight, shortage and the quantum of loss incurred. However, it dismissed the suit on three grounds :-- (1) no notice was given to the Central Railway; (2) the notice given to the South Eastern Railway was not valid; and, (3) there was no evidence whether the loss occurred on the South eastern Railway.

( 4 ) THE plaintiff appealed. His appeal was dismissed by the First