( 1 ) THE appellants are the defendants. The plaintiff filed a suit for recovery of Rs. 71,010. 32 towards compensation for non-delivery of consignment covered by R. R. No. B-850460. The averments in the plaint are that a consignment of B. H. C. Technical Consisting of 191 bags cf 75 kgs. each was despatched from Mitnapur railway station, Western Railway by M/s. Cross Objactions tata Chemicals Limited for the value of Rs. 64,657. 32 covered by their bill no. 5/100/75-76 dated 4-S-1975 to Guntur railway station in the S,c. Railway to the plaintiff under R. R. No. B-850460. The said consignment was loaded at Mitnapur Railway station in the wagon No. S. C. 3234 by M/s. Tata chemicals Limited. The wagon was not received at Guntur station and the plaintiff waited for a period of three months and preferred a claim under section 78-B of the Indian Railway Act to the Chief Commercial Superintendent, south Central Railway, Secunderabad the receipt of which has been acknowledged by the South Central Railway. The plaintiff issued reminders on 2-12-1975 and again on 23-12-1975 but the consignment was not delivered and no reply was sent by the Railway authorities. As the wagon did n