Choudhary, J.

1. This is a defendants second appeal. It is directed against the judgment and the decree of the learned Additional Subordinate Judge, second court, Patna, reversing those of the Additional Munsif, third court Patna, who dismissed the suit of the plaintiffs for recovery of damages against the defendant-appellant.

2. The case of the plaintiffs, stated briefly, is as follows. The plaintiffs were consignees of 224 baskets of soft pears weighing 200 maunds which were booked in a full load wagon from Peshawar, a railway station in the then North Western Railway, to Patna Junction which was in the then East Indian Railway line. The consignment was booked on the 28-7-1946, and it reached Patna Junction on 18-8-1946, by which time the goods were completely decomposed and got rotten. At the time of delivery, the damage was assessed at 40 per cent. by the Station Master of Patna Junction. The loss is said to have been caused due to misconduct on the part of the Railway Administration. As appears from paragraph 7 of the plaint, the claim under Section 77, Railways Act, was sent only to the Chief Commercial Manager, East Indian Railway at Renares Cantonment. The suit was