Judgment

SARKAR, J. : This appeal arises out of a suit for recovery of damages in respect of 90 bales out of 259 bales of cloth delivered on May 10, 1946 at Wadi Bunder station on the Great Indian Peninsula Railway, hereafter called the G. I. P. Railway, to be carried from there to Giellekhola a station in the Darjeeling Himalayan Railway, hereafter called the D. H. Railway. In order to reach Giellekhola the goods had to be carried over four railways, namely, the G. I. P. Railway, East Indian Railway, hereafter called the E. I, Railway, the Bengal Assam Railway, hereafter called the B. A. Railway and the D. H. Railway. The goods had been booked through to be carried over all these railways. At all material times the railways other than the D. H. Railway, were owned by the Government of India, the D. H. Railway being owned by a private company. At some stage of the litigation the D. H. Railway Company went into liquidation and the liquidators were brought on the record.

2. On June 7, 1946, 169 bales were delivered to the appellant to whom the Railway Receipt had been endorsed. Various correspondence thereafter ensued as to the remaining 90 bales with which alone the present litigation