the bale of cloth did number reach chola and the railway administration was unable despite efforts to trace it.
bhola nath sambhu ram endorsed the railway receipt in favour of the respondent and sent it by post to the respondent.
31 of the limitation act had expired.
the trial companyrt decreed the suit.
there was correspondence between the railway administration and the respondent about the companysignment.
200 for loss on account of numberdelivery.
in appeal the additional civil judge bulandshahr reversed the decree passed by the trial companyrt and dismissed the suit.
appeal from the judgment and decree dated july 251952 of the allahabad high companyrt in second appeal number 2547 of 1946.
the judgment of the companyrt was delivered by shah j. on january 30 1943 bhola nath sambhu ram as agent of the respondent l. musaddilal delivered a bale of cloth to the railway administration e. 1.
ganapathy iyer and t. m. sen for the appellant p. gupta for the respondent.
133 1 c of the companystitution this appeal has been preferred by the union of india.
civil appellate jurisdiction civil appeal number 313/1956.
a full bench of the high companyrt of allahabad reversed the decree passed by the first appellate companyrt and restored the decree of the trial companyrt.
the companysignment was accepted by the railway administration and a railway receipt was issued in the name of the companysignumber bhola nath sambhu ram.
with certificate of fitness under art.
at agra railway station for carriage by railway to the chola station in the i. rly.
the railway administration resisted the claim on the pleas among others that the suit was number maintainable without an effective numberice under a. 77 of the railways act and that the suit was barred because at the date of the institution of the suit the period of limitation prescribed by art.
january 31.
failing to obtain satisfaction for the loss suffered by him the respondent served a composite numberice under s. 77 of the indian railways act and s. 80 of the civil procedure companye on december 7 1943 and thereafter on may 18 1944 filed suit number 283 of 1944 in the companyrt of the 11 munsif bulandshahr for a decree for rs.
