Judgment

WANCHOO, J.: This is an appeal on a certificate granted by the Patna High Court. The respondent sued the Union of India as representing G. I. P. Railway, Bombay and E. I. R. Calcutta for recovery of damages for nondelivery of 31 bales of piece goods, out of 60 bales which had been consigned to Baidyanathdham from Wadibundar. This consignment was loaded in wagon No. 9643 on December 1, 1947. It is not in dispute that the consignment reached Mughalsarai on the morning of December 9, 1947 by 192 Dn. goods train. After reaching Mughalsarai, the wagon was kept in the marshalling yard till December 12, 1947. It was sent to Baidyanathdham by 214 Dn. goods train from Mughalsarai at 6-40 p.m. on December 12, 1947 and eventually reached Baidyanathdham on December 21, 1947. The respondent who was the consignee presented the railway receipt on the same day for delivery of the consignment. Thereupon the railway delivered 29 bales only to respondent and the remaining 31 bales were said to be missing and were never delivered. Consequently on August 31, 1948, notice was given under S. 80 of the Civil Procedure Code and this was followed by the suit out of which present appeal has arisen on