( 1 ) THIS is an appeal preferred by the Union of India representing the Eastern railway from a decree made against it by the Civil Judge at Belgaum for a sum of Rs. 20,316-11-3 in favour of one Alladad Faizulhukka Pathan who is the respondent in this appeal.

( 2 ) THE plaintiff in whose favour the decree was made consigned from Nipani out-agency on the then M. and S. M. Railway, 106 bags of tobacco under a railway receipt which is marked as exhibit 50. Nipani out-agency was in the District of Bengaum. The consignment was made on 20-4-1948. These goods were consigned to the State of Behar to a place called Jhajha which was on the Eastern Railway. The relative Risk Notes which were taken in forms 'a' and 'b' are marked Exhibits 67 and 68. (2-A) It is undisputed It is undisputed that 90 of those 106 bags reached Jhajha Station on 22-5-1948 and the remaining 16 bags arrived on 17-6-1948.

( 3 ) IT is indisputable and it is borne out by the entries made in Exhibit 50, the railway receipt which had been despatched to one Ibrahim who was a businessman at Calcutta, by the plaintiff, that between 25-5-1948 and 30-8-1948. Ibrahims representative was asking for the deliver