KERODIMAL KHANDELWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) PLAINTIFF is the appellant against a revers ing judgment. On 15th January 1957 plaintiff indented 110 bags of sugar from Sakri to Amarda Road. The articles were booked in two wagons. 100 bags reached the destination and on 29th January 1957 these bags were delivered to the plaintiff by defendant I. The other ten bags, which were booked in another wagon, were not delivered at all. There- after the plaintiff served a Registered notice (Ex. 4) under Section 80, C. P. C. on defendant 1 on 9th January 1958. A reply was sent by defendant 1 under Ex. 5 dated 3rd march 1958. The suit was filed on 23rd June 1958. Defendants 2 and 3 were added as parties to the suit on 8th September 1959.

(2.) DEFENDANT 1 mainly contested the suit. The nondelivery and the quantum of damage were admitted. The validity of the notices under Section 77 of the Indian railways Act and Section 80, C. P. C. was questioned and a plea was taken that the suit was barred by limitation.

(3.) THE Courts below concurrently rejected the objection as to the validity of the notices under Sections 77, Railways Act, and 80, C. P. C. The Trial Court decreed the suit against defendant 1 alone holding that the suit was not barred by limitation and dismissed the suit against defendants 2 and 3. Defendant 1 alone filed the first appeal but the plaintiff did not file any appeal against defendants 2 and 3. The Trial Court's decree against defendants 2 and 3 became final and conclusive. The lower Appellate Court dismissed the suit holding that the suit was barred by limi tation.