UNION OF INDIA (UOI) Vs. SURAJ BHAN KHANDELWALL

JUDGEMENT

(1.) THIS appeal and the connected cross objection are directed against the judgment and decree of the Subordinate Judge's Court Upper Assam Districts at Silchar dated 17th February 1958.

(2.) THE only point that arises for consideration in the appeal is whether the notice issued in this case satisfies the requirements of law. The Briefly are that the Plaintiff Respondent is consignee of certain bags of flour booked by Allahabad Milling Company from Allahabad to Silchar. The consignment was consigned to the Plaintiff who is the sole proprietor of the firm known as Chotclal Seth and Co. Silchar, on March 1955. As the goods did not arrive at Silchar within two months of the date of booking, the Plaintiff issued a notice to the railway administration under both Section 77 of the Indian Railways Act and Section 80 of the Code of Civil Procedure on the 7th May 1955, addressing the same to the Deputy Chief Commercial Superintendent, North Eastern Railway. This notice was received in due course and a reply thereto was also sent by the said Deputy Chief Commercial Superintendent on the 27th May, 1955.

(3.) THE only point that was seriously pressed by Mr. Medhi, the learned Counsel for the Appellant, is that the notice in question did not comply with Section 80, Code of Civil Procedure as the same was not addressed to the General Manager of the Railway as required by the section and that this is particularly necessary in. view of the fact that the notice has been sent by post.