Judgment:

RAGHUBAR DAYAL, J. : This appeal, on certificate granted by the Punjab High Court, arises in the following circumstances.

2. M/s Radha Ram Sohan Lal of Calcutta consigned certain goods to self at Delhi. Of the consignment certain articles were not delivered to M/s. Udho Ram & Sons, the plaintiffs, in whose favour the railway receipt had been endorsed by the consignor. Having failed to receive the compensation for the loss suffered on account of the articles not delivered, the suit giving rise to this appeal was instituted. There is now no dispute about the amount of loss determined by the Court, as suffered by the plaintiffs.

3. The only dispute between the parties is whether the loss of goods in transit between Calcutta and Delhi was due to the misconduct and negligence of the railways or not. The Union of India, the defendant, contended that the loss occurred due to circurnstances beyond the control of the railway administration.

4. The trial Court found that the railway wagon in which the consignment was loaded had been thereafter properly rivetted and sealed at Howrah, that the seals and rivet of one door of the wagon were found open when the train which left Howrah at