BEGRAJ GADHURAM Vs. EIRYCO

JUDGEMENT

(1.) The suit which has given rise to the appeal was for recovery of damages for non-delivery of a package of cotton piecegoods which, together with ten such packages, formed a consignment which was dispatched to the plaintiffs at Raniganj, a station on the E.I. Ry., from Aserva, a station on the G.I.P. Ry. The two railway administrations were made defendants in the suit. The Munsif decreed the suit against the E.I. Ry., only, but on appeal preferred by the said defendant the Subordinate Judge reversed that decision and dismissed the suit. The plaintiffs have preferred this second appeal.

(2.) The Subordinate Judge held that though the consignment was covered by a Risk-note in form B the railway was not absolved as the case came within the exception mentioned in the Risk-note, that the loss was due to theft by railway servants or by outsiders, and that if it was due to theft by outsiders there was wilful neglect of the Railway Administration or the railway servants. He held, however, that the notice of claim that was served under Section 77, Railways Act, was not valid and so he dismissed the suit.

(3.) The appellants contention is that the learned Subordinate Judge has erred in law in holding against the validity of the notice, and that if this contention be accepted the appellants, on the other findings of the learned Subordinate Judge, would be entitled to a decree.