BABU LAL Vs. DOMINION OF INDIA

JUDGEMENT

(1.) THE question that has been referred for decision to the Full Bench reads:

(2.) BRIEFLY summarised the facts that have given rise to this reference are these. On 18-6-1947, babu Lal plaintiff and his wife purchased two railway tickets at Kalka railway station for journey from Kalka to Dharampore by the North Western Railway, Kalka-Simla section. The luggage of the plaintiff was delivered to the administration to be carried by rail to Dharampore and receipt No. 29-291, dated 18-6-1947, for two trunks and a bedding was given to the plaintiff. One trunk and a bedding was delivered to the plaintiff at Dharampore but the second trunk was not delivered to the plaintiff. Lot of correspondence passed between the parties and on 18-8-1943, Babu Lal plaintiff instituted Small Cause Suit No. 75 of 1948 for the recovery of rupees 199/5/- on account of the price of goods not delivered.

(3.) IN deciding Small Cause Suit No. 75 of 1948 the Court of first instance found that notice of claim under Section 77, Railways Act, 1890, hereinafter referred to as the Act, was not necessary but dismissed the suit on the findings that the notice given under Section 80, Civil P. C. was defective and that the suit was instituted against a wrong defendant.