SHA JETMAL Vs. GENERAL MANAGER SOUTHERN RAILWAYS

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree in R.A. No. 6/90 passed by the Court of Additional District Judge, Shimoga. The first appellate Court while dismissing the appeal confirmed the decree passed by the Court of Civil Judge, in O.S. No. 13/83 wherein the plaintiff's suit was dismissed. A few facts briefly stated are thus:

(2.) The plaintiff field a suit for recovery of Rs. 92,282-20 being the value of the consignment despatched. Since the same was not delivered at the intended destination the plaintiff caused a notice through his Advocate dated 22-6-1982 addressed to the General Manager, Southern Railways, Madras, The Chief Commercial Superintendent, Southern Railways, Madras and the Chief Commercial Superintendent, Jodhpur. It is also an admitted fact that the notice which was got issued by the plaintiff through his Advocate was not signed either by the party or by the Advocate. The plaintiff has got the copy of the notice marked as Ex. P-12, whereas the defendants have got the copy of Ex. P.12 (another copy of the notice) marked as Ex. D-2.

(3.) From a perusal of Ex. P. 12 and Ex. D.2 it could be stated that the contents of the notice are in pare-materia with each other and it is also to be noted that both these copies which have been marked through the parties do not bear the signature of the Advocate except his name being stated as 'B.R. Raghupathi'. For purposes of proper appreciation of the points canvassed by both the parties, the contents of Ex. P. 1 (Ex. D-2) are necessary which reads as follows: