Judgment

SUBBA RAO, J. (For self, Raghubar Dayal and Bachawat, JJ.) : On October 4, 1949, M/s. Harshadrai Mohanlal & Co., a firm doing business at Thana, Bombay, hereinafter called the firm, entrusted 4 boxes alleged to have contained menthol crystals to the then G.I.P. Railway for carriage from Thana to Okhla near Delhi under a railway receipt bearing No. 233/27. On October 11, 1949, the firm consigned 2 more such boxes to Okhla from Thana under 2 railway receipts bearing Nos. 233/35 and 233/36. All the said 6 boxes were marked with the name of the said firm and were consigned to "self". The said firm endorsed the relevant railway receipts in favour of Morvi Mercantile Bank Ltd., hereinafter called the Bank, against an advance of Rs. 20,000 made by the Bank to the firm. The said consignments did not reach Okhla. The railway company offered to deliver certain parcels to the Bank, but the Bank refused to take delivery of the same on the ground that they were not the goods consigned by the firm. As the railway failed to deliver the boxes, the Bank, as the endorsee of the said railway receipts for valuable consideration, filed Civil Suit No. 50 of 1950 in the Court of the Civil Judge,