1. The plaintiffs, who are commission agents residing at Delhi have by this appeal challenged the decree passed by the Civil Judge, Senior Division, at Jalgaon in Special Suit No. 12 of 1950 dismissing their suit against the Dominion of India.

2. The facts which give rise to the claim made by the plaintiffs are briefly these : One Malhari Bhika loaded a wagon at Kajgaon station on the Central Railway with raw plantains and obtained Parcel Way Bill No. 7934/79 on 21st October 1948 for carriage of the consignment to Delhi. The goods loaded by Malhari Bhika were then sold to Peer Mahomed and Sons. The Parcel Way Bill was obtained in the name of Malhari Bhika as consignor and consignees were the plaintiffs. The Forwarding Note is Exhibit 93, dated 21st October 1948, and by that Forwarding Note Malhari Bhika requested the Station Master at Kajgaon to receive and forward by passenger train the parcel described therein to Delhi Junction Station at reduced rates as per Risk Note on the reverse signed by him. The consignment was booked at reduced rates. This consignment reached Delhi on 36th October 1948. It appears that between Kajgaon and itarsi the wagon was attached to 39 Dn.