UNION OF INDIA Vs. MAHHAMMAD JAFAR HAJI IBRAHIM

JUDGEMENT

(1.) THE Union of India represented by the General Manager, South Eastern Railway is the petitioner against a concurrent decision of the Courts below in a suit for damages.

(2.) THE plaintiff sued for recovery of Rs. 660.74 which represented the loss of 67 kgs. of betel-nut. THE Courts below have concurrently found that there was shortage which duly certified by the Railway Authorities and the claim is justified. THE only question which was canvassed in the courts below and negatived is one in relation to the notice under Section 80, Civil Procedure Code. THE contention about the insufficiency of notice has been raised by defendant No. 1 on the following basis. THE notice under Section 80, Civil Procedure Code is Ext. 2. It was given on behalf of Haji Ebrahim Haji Jamal Noor Mohammad and Co., on 6-11-1964. It was admittedly a registered firm which was dissolved by a deed of dissolution of partnership dated 30-9-1965. That document has been produced in Court and is Ext. 5. THE terms of this dissolution deed go to show that the good will of the firm Haji Ebrahim Haji Jamal Noor Mohammad and Co. was given to defendant No. 2. Under Clauses 4 and 5 of the said deed the entire business at Cuttack was given to the plaintiff who commenced to run the business in the name of M/s. Jaffar Haji Ebrahim Jamal. Admittedly the notice was given when the firm was in existence but by the time the suit was filed there had been dissolution. In the plaint it was specifically stated,