BISANCHAND LALCHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This is plaintiff's revision under Section 25 of the Provincial Small Cause Courts Act p.gainst the decree dated 28-10-1959, passed by Shri S.M. Afzal, First Additional District Judge, Durg empowered under Section 9 of the Madhya Pradesh Courts Act, 1958, in Small Cause Suit No. 95 of 1958.

(2.) The plaintiff-applicant was a consignee under a railway receipt, dated 29-61957, in respect of certain goods dispatched from Mathura and intended to be sent to Bhilai Railway Station in the district of Durg. The plaintiff sued for damages for non-delivery of the said consignment.

(3.) The non-applicant raised various pleas in defence which wore all negatived by the learned Small Cause Judge. The only plea of the defendants that was upheld by the Small Cause Court was in respect of the defect in the notices under Section 77 of the Indian Railways Act and Section 80 of the Civil Procedure Code. The trial Judge, therefore, dismissed the plaintiff's suit on the sole ground that the notices given by the plaintiff were defective.