UNION OF INDIA Vs. MITAYAGIRI PULLAPPA

JUDGEMENT

(1.) THIS revision has come before a Bench on a reference made by one of us (the Chief Justice) in view of the conflict of decisions on the interpretation of the provisions of S. 77, of the Indian Railways Act, Act 9 of 1890.

(2.) THIS revision arises out of a Suit filed by the respondent against the Union of India owning the Southern Railway for the recovery of a sum of Rs. 52 -1 -0 on account of the price of 3 sarees which were missing at the time of the delivery of the goods consigned to the plaintiff at Nandyal by a cloth merchant at Trichinopally.

(3.) IN the case under consideration goods were despatched on 27 -4 -1954. consignment reached Nandyal on 15 -5 -1954 Notice was sent by the Plaintiff to the General Manager of the Railway on 11th November 1954.