JUDGMENT - 1. The original defendant Union of India owning South Eastern Railway Administration has filed this application being aggrieved by the judgment and decree of the Court of the learned District Judge who has allowed the appeal and set aside the decree passed by the trial Court.

2. The plaintiff had filed a suit against the defendant for the recovery of a sum of Rs. 860/- as compensation for short delivery in a consignment of 200 tons of mustard oil booked on 26-6-1962 from Bankura to Gondia. The plaintiff claimed as an owner of the firm running under the name and style of "Mulchand Ramprasad" and as an assignee of the railway receipt. The defendant denied the title of the plaintiff and his right to sue. It has also denied the shortage and further pleaded that the shortage if any was due to defective packing of the consignment and not due to any act of negligence or misconduct on the part of the railway administration or its servants and, therefore, the defendant was not liable for the plaintiffs claim.

3. The trial Court held that having failed to prove that he paid any consideration for the railway receipt or the consignment, the plaintiff had no right to sue. It further he

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