1. The plaintiff sues to recover from the defendant a sum of Rs. 80,291-11-0 as compensation for loss occasioned to him by non-delivery of certain bales of cloth, consigned to Gujranwalla station by the plaintiffs agents in Bombay and delivered to the-B. B. C. I. Railway. The defendant is the successor-in-title of the Governor-General in-Council and the B.B. CJ. Railway has now/ vested in the defendant as its owner and administrator.

2. It is the plaintiffs case that Messrs. Murlidhar Mohanlal, the plaintiffs agents in Bombay, purchased and consigned on his behalf 85 bales-of cloth for delivery to themselves at Gujranwalla station in the Punjab. According to the plaintiff, a railway receipt bearing No. B-49 485979 dated August 4, 1947, was issued by the railway company in favour of the plaintiffs agents and the consignment was booked at railway risk except in respect of 5 put of the 85 bales. The goods-did not reach their destination as about the middle of August 1947 there were serious disturbances, and riots in the Punjab. Correspondence ensued, in the course of which the Chief Commercial. Manager of the North Western Railway, Lahore, stated that the wagon No. 34,773 in which

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