Judgment - Chagla, C.J.

1. This appeal arises out of a judgment of Shah J- by which he dismissed the plaintiffs suit. It appeare that the plaintiff consigned four silver bars to self from the Victoria Terminus Station. Bombay, to Ballia which is situated on the Oudh Tirhut Railway. The records of the Oudh Railway show that these bars reached Ballia and the records further show that they were delivered to a person who signed his name as Yogendranath in the parcel delivery book maintained by that rail way. The plaintiffs had sent the two railway receipts, under which these bars were despatched, to the Allahabad Bank at Benaras with instructions to deliver the railway receipts to one Yogendranath Ravindranath against payment of the amount for which hundis were drawn. Yogendranath did not make the payment and the Allahabad Bank returned the railway receipts to the plaintiffs in Bombay. When the plaintiff made inquiries of the railway authorities as to the bars, he was informed that they had been delivered to one Yogendranath. Thereupon, having served the statutory notice under Section 80, Civil P. C., the plaintiff filed this suit claiming a sum of Rs. 20,496-15-6 as damages for non-de

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