SHANKAR BALKRISHNA TORNE Vs. SOUTH INDIAN RAILWAY

JUDGEMENT

(1.) This is a case stated for the opinion of the High Court by Mr. Billimoria, Third Judge, under Section 69 of the Presidancy Small Cause Courts Act and Order XLVI, Rule 1, o! the Code of Civil Procedure.

(2.) The facts are set out in the case, and the second question propounded is whether under the facts and circumstances as found, notice under Section 77 of the Indian Railways Act was necessary to be given and whether the plaintiff could maintain the action, not having given such notice, If that is answered, as the Judge thinks it should be answered, in the affirmative, then there is no neaessity to deal with the first question.

(3.) The goods in question were consigned to the South Indian Railway to be carried to Wadi Bunder in Bombay. The goods were to be sent via Erkulam, Jallarpet and Raichur. By some unfortunate mistake the goods went from Jallarpet via Madras all along the East Coast up to Waltair, which is the terminal station of the M. & S.M. Railway, and at Waltair they were delivered to the Bengal Nagpur Railway, which carried them on its line up to Ramkishtopore.