DOMINION OF INDIA Vs. PURSHOTTAM DAS BRIJNANDAN PRASAD

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for the recovery of damages for non-delivery of goods which had been booked from a station on the defendant railway,

(2.) The plaintiff claimed Rs. 2386/7/6 for nondelivery of their consignments said to have been booked from Gorakhpur for Banaras Cantt. These consignments were never delivered, and after sending notices under Section 77 of the Railways Act and Section 80 C. P. C. the suit was filed by the plaintiff for the recovery of the loss sustained because of the non- delivery and for recovery of the price of goods and other expenses incurred in sending the consignments. Among the pleas raised in defence was a plea that the notice under Section 80 C. P. C. was not valid. The trial court took the view that the notice was not valid and dismissed the suit. The lower appellate court reversed the decision and decreed the plaintiff's suit.

(3.) The notice in question is Ex. A-1 dated 8-8-1948. It was addressed to the Governor-General in Council, Indian Dominion, New Delhi and the General Manager, O. T. Railway, Gorakhpur. Reference was given at the top of the notice to the two consignments Nos. P. W. B.'s 595259 dated 29-12-1947 and 595260 dated 29-12-47 from Gorakhpur to Banaras Cantt. The notice was sent by Mr, J. B, Srivastava, Sarkari Vakil purporting to be under instructions from his client Hiralal Madhusudan Das proprietor of firm Hiralal Madhusudan Das, Reti Chowk, Gorakhpur. It was stated in the notice that goods worth Rs. 2,023-15-6 were despatched under the above P. W. B.'s from Gorakhpur to Banaras Cantt. but they did not reach the destination, which they should have reached by the 7th January 1948 at the latest. A request was made that a claim under Section 80 C. P. G. may be entertained and settled, failing which legal action would be taken in the proper court of law. The notice was typed, but in manuscript an addition was made to say that the cause of action for the said suit would arise from 7-1-1948, the date when the consignments in question ought to have reached the destination. Under this were given the details of the claim showing the value of the goods as per invoices at Rs. 2,023-15-6 profit at 10 per cent Rs. 202/8/0, interest from 29-12-1947 to 29-8-48 at 1 per cent per annum Rs. 162/0/0 and expenses of notices and consultations Rs. 25/-. The total claim thus made in the notice was for Rs. 2413-7-6.