Ramaswami, J.

1. This is an appeal by the defendant from a decree of the Additional Subordinate Judge, Monghyr. The plaintiff brought the suit on the allegation that the defendant Railway Administration had on account of their negligence failed to deliver three consignments of certain goods which had been booked for being delivered to the plaintiff at Lakhisarai. Shree Krishna Company had booked one consignment of goods at Bhagalpur on 11-8-1942. A second consignment was booked by Ramdeo Gajanand at Barhee on 13-8-1942; a third consignment by Durga Prasad Nandlal at Sultanganj on 11-8-1942. The plaintiff claimed as damages a sum of Rs. 5233-2-9 and odd together with interest. The main ground of defence was that the consignment booked at Bhagalpur and Sultanganj were duly conveyed to Lakhisarai where they were looted by a violent mob on 13-8-1942. It was stated that the third consignment was looted by a violent mob on 14-8-1942 at Barhee station. The Railway Administration pleaded that there was no negligence on their part ; that the loss of the consignments was due to circumstances beyond their control. The learned Subordinate Judge held that the Bhagalpur and Sultanganj co