R Kaushalendra Rao, J—The only question involved in this appeal by the Defendant is one of limitation.

2. The Plaintiff-Respondent booked a wagon-load of mangoes on the 12th July 1946 from Vellore to Madan Mahal. The wagon reached the destination on the 26th July 1946. Out of the consignment the Plaintiff took delivery of 20 maunds of mangoes which were sorted and found to be in good condition and the rest were not taken delivery of as they had become rotten. By Exhibit P-7 dated the 16th August 1946 the Plaintiff made a claim for compensation for the destruction or deterioration of the mangoes delivered to him. On the 7th April 1947 a notice under Section 80, Code of Civil Procedure was sent and in reply the G.I.P. Railway Administration refused to pay any compensation. The suit was instituted on the 14th July 1948. The Article of the Limitation Act applicable to these facts is Article 30 and that limitation commences when the loss or injury occurs. The injury occurred at any rate not later than the 26th July 1946 when it was discovered that the mangoes had become rotten and unfit for use.

3. Under Section 80 of the Code of Civil Procedure, no suit shall be instituted agains