KHALIL AHMAD Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) RAW plantain was booked on 3 -10 -62 at Bhusawal for being carried and delivered to the Plaintiff at Kashi, a station on the Northern Railway. The consignment Was booked under Parcel Way Bill for quick transit by passenger or Parcel Train as the goods were of perishable nature. The consignment in suit reached the destination station after a long time on 12 -10 -62 in a rotten condition. The Plaintiff then claimed damages from the Railway. The Railway sent a cheque for a sum of Rs. 4039.09 P. only in fell and final settlement of the claim. The letter of the Defendant dated 30 -7 -6 was replied by the Plaintiff by his letter dated 19 -8 -63. The Plaintiff stated in the letter that he is not prepared to accept the said sum of Rs. 4039.09 in full and final settlement. It was further mentioned in the letter that he is not prepared to accept any amount less than claimed by him and he will cash the cheque in part payment of his claim and file a suit for the recovery of the balance in case nothing was heard from the Defendant within a fortnight from the receipt of the letter.

(2.) THE trial court decreed the Plaintiff's suit for the recovery of Rs. 1805.41 P. holding that the cheque was not accepted in full and final payment. In appeal the lower appellate court allowed the appeal and held that the offer being in full and final payment and the cheque having been cashed the Plaintiff shall be deemed to have accepted the amount in full and final payment of the claim, hence this Second Civil Appeal.

(3.) LEARNED Counsel for the Respondent has also contended that the notice Under Section 80 of the Code of Civil Procedure was mandatory and had to comply with all the particulars. He has not been able to satisfy me as to which particulars are lacking in the notice Under Section 80 of Code of Civil Procedure. He has next contended that the cause of action shown in the notice was 12 -10 -62 when the consignment arrived at Kashi station and the suit being for a lesser amount the suit was bad on that account. I am not prepared to accept that contention of the learned Counsel for the Respondent. The claim was clearly indicated in the notice. Thereafter a sum of Rs. 4039.09 was deducted towards payment. Therefore, it was not obligatory on the Plaintiff to file a suit for the full amount and pay a Court -fee with the result that his claim for the amount which he had already realised should be dismissed.