the numberice in question reads thus from m s. raghunath dass mulkhraj c o. dr.
10206/9/ with interest at six per cent from 15th august 1947 till the date of realisation.
appeal from the judgment and decree dated april 24 1962 of the allahabad high companyrt in first appeal number 205 of 1950.
hence this numberice is served to you.
the learned civil judge moradabad who tried the suit decreed the plaintiffs claim in a sum of rs.
khamani singh katghar gan khana moradabad.
a numberice like this has already been given to the secretary central government of india new delhi and number it is being given to you according to amendment in the procedure companye.
companysequently the plaintiff claimed a sum of p.s.
civil appellate jurisdiction civil appeal number 1005 of 1965.
to the general manager east indian railway calcutta.
13880 as damages.
the judgment of the companyrt was delivered by hegde j. the only question that arises for decision in this appeal by certificate is whether the high companyrt is right in holding that the numberice issued by the appellant plaintiff under s. 80 civil procedure companye is defective and therefore the suit is number maintainable.
yours faithfully for m s. raghunath dass mulkhraj sd.
raghunath dass proprietor dated copy to chief companymercial manager calcutta.
the decree of the trial court was assailed on several grounds one of them being that the numberice issued under s. 80 civil procedure companye is invalid.
a. seyid muhammad and s.p.
as against that decision the union of india went up in appeal to the high companyrt of allahabad.
agarwala for the appellant.
the plaintiff dispatched on july 29 1947 certain companyper articles from gujranwala through numberth western railway to a place called aghawanpur near moradabad.
c. agarwala and p.c.
nayar for respondent number 1.
