LOKCHAND PRITHISINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff in a suit for recovery of damages.

(2.) THE plaintiff Lokchand booked two items, one cycle and one trunk, from Ujjain to Kishangarh on 27 -7 -1947. When he reached Kishangarh on 29 -7 -1947, he got delivery of the cycle but not of the trunk. He entered into correspondence with the Traffic Manager, B. B. and C. I. Railway, and gave a notice under Section 77 of the Railways Act to the Traffic Manager, on 13 -8 -1947, and later on under S, 80 of the Code of Civil Procedure, on 16 -3 -1950, and as he did not receive any satisfaction, he instituted the present suit on 5 -9 -1950, for recovery of Rs 712 -8 -0 as value of the goods which were not delivered.

(3.) THE trial Court dismissed the suit on the ground that the alleged notice under Section 77 of the Railways Act, was not served on the proper officer.