BAIJ NATH PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is plaintiff's second appeal arising out of a suit filed by the plaintiff -appellant for recovery of Rs. 3054/16 paise comprising of two sets of transactions, Rs. 1848/ - as the price of 308 pieces of wheel guards, Rs. 870/ -as price of 145 pieces of wheel guards. Both these sets of wheel -guards were sent by railway receipt No. G -388040 dated 20th July, 1962 from Chunar in the District of Mirzapur to the Executive Engineer, P. W. D. Purnea. Further a sum of Rs. 326/16 P. was claimed as interest at the rate of 12% per annum and Rs. 10/ - as cost of notice and incidental charges.

(2.) THE suit was filed against the Union of India representing the Northern, Eastern, North Eastern, and North East Frontier Railway Administration, New Delhi. Before flung the suit, notices under Section 80 Civil Procedure Code were sent to all the above mentioned four railway administrations. Notice on the Northern Railway was served on 17th July, 1963. Eastern Railway on 21st July, 1963, North East Frontier Railway on 18th July, 1963 and North Eastern Railway on 18th July, 1963. The suit was filed on 18th September 1963.

(3.) LEARNED counsel for the appellant has urged that the view taken by the lower appellate Court that the suit is premature is a view manifestly erroneous. He has submitted that the notice on the Northern Railway was served on 17th July, 1963 and the suit having been filed on 18th September, 1963 was well within time and was not premature as two months' period of notice expired on 17th September, 1963.