SYED M.FAZAL ALI, J.

(1) THIS is a defendants appeal by special leave against the judgment and decree of the High court of Bombay dismissing its second appeal in limine by its order dated 24/08/1967.

(2) THE appeal raises important and interesting questions of law relating to the interpretation of some of the provisions of the Indian Railways Act pertaining to the hability of the railways for breach of contract. The pliaintiff/respondent brought a suit for recovery of an amount of Rs. 2,378.00 65 np. being: the damages for breach of contract resulting from delayed delivery of the goods consigned by the plaintiff through the defendant railways to be delivered at Poona. The plainliff which is a firm carrying on its business dealing in iron goods booked a consignment with the defendant on 15/12/1961 at Bhillai to be carried to Poona and to be delivered therein to the consignce safely and in good condition. The defendant railways accepted the offer under a railway receipt dated 1/12/1961. It appears that there was some delay in the delivery of the goods at Poona and on enquiries made by the plaintiff it appeared that till 9/05/1962 the goods had not been de