Law: Civil Procedure Code (V of 1908)

Section: 80

Law: Indian Independence (Rights, Property and Liabilities) Order, 1947

Section: 8, 9

  P L D 1956 Karachi 468         Civil Procedure Code (V of 1908), S. 80-Notice addressed to Secretary, Railway Board-----Whether good and in compliance with requirements of section.   Where the plaintiff addressed a notice under section 80, Civil P. C. to the Secretary, Railway Board, which should have been addressed to a Secretary to the Central Government. On the point whether the notice complied with requirements of section 80, Civil P. C. it was held, that when it had not been proved that the Secretary. Railway Board was a Secretary to the Central Government within the meaning of section 80, Civil P. C., the notice was bad. The statutory requirements of section 80 must be strictly complied with.   Messrs Janeshwar Lai Rajeshwarlal v. Dominion of India A I R 1951 Pb. 383, A. Sankunni Menton v. South Indian Rail way A I R 1952 Mad. 502, Union of India v. Murlidhar Agarwalla and others A I R 1952 Assam 141, Government of the Province of Bombay v. Pestonjee Ardeshir Wadia and others P L D 1949 P C 31 and Sandhya Trading Co. v. Governor- General, Dominion of India A I R 1950 Cal. 426 ref.   Indian Independence (Rights, Property and Liabilities) Order, 1947, Articles 8 and 9-Contract prior to partition by the State for carriage of goods between two places both now within the territories of Pakistan-Whether contract exclusively for the purposes of Pakistan as from Partition-Words and other financial obligations"-Whether cover liabilities wising out of obligations of a kind other than "loans" and "guarantees".   A contract by the State for carriage of goods between two places which are within the territories of Pakistan is plainly a contract the purposes of which as from 15th August 1947 are exclusively the purposes of Pakistan, because it is the State's undertaking and purpose to provide for the means of commu nication and carriage between all places on its own railway.   The general words "and other financial obligations" follow (and not precede) the particular words "loans" and "guaran tees" and to avoid an inconvenient result and to make good sense, the…