BHAGWAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This application, in revision, under Section 25 of the Provincial Small Cause Courts Act, is by the plaintiff, from the judgment of the Court below dismissing his suit because of the alleged non-compliance of Section 80 of the Code of Civil Procedure.

(2.) The facts are these : On 24-6-1957, 111 bags of fresh and green Mosammi were consigned under Railway Receipt No. 7269/63, and, 2 boxes of fresh and green Anars were booked under Railway Receipt No. 7269/65, from Nasik Road for delivery to the plaintiffs firm at Chapra. These two consignments were not delivered to the plaintiff, and, therefore, he brought a suit for damages for nondelivery of the two consignments, against the defendants Railway Companies.

(3.) Notices under Section 80 of the Code were served on the Railway Companies concerned, as will appear from Exhibits A and A/1. By mistake, however, in the notice under Section 80 of the Code, with regard to 11 bags of Mosammis, the Railway Receipt No., which was mentioned therein, was 7209/65. which was the railway receipt of the consignment of the two baskets of Anars, instead of 7269/63, which was in respect of the consignment of the Mosammis. Similarly, in the notice under Section 80 of the Code with respect to the consignment of Anars, instead of giving Railway Receipt No. 7269/65, which was of Anars, it was given as No. 7269/63, which was of Mosammis. The result was that, no doubt, notices under Section 80 of the Code were served, as required by law, but unfortunately, wrong railway receipt number was given in the two notices although, in other respects, they were quite in order.