JAGDISH PRASAD AGARWALA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal by the plaintiff from the judgment of the court of appeal below affirming the decision of the trial court dismissing his suit for compensation for non -delivery of goods on the ground that no notice under Section 77 of the Indian Railways Act, 1890, (hereinafter referred to as 'the Act'), was served on the railway authorities.

(2.) The sole point for determination, in this appeal, is whether the Proviso to the amended Section 78 -B of the Act, applies ?

(3.) In order to appreciate the arguments presented by Mr. Hari Lal Agarwal, who appeared for the appellant, and, of Mr. Brishketu Saran Sinha, who appeared for the respondents, I may mention briefly the material facts of the case, which are as below: