Rai, J.

1. These two appeals arise out of two money suits filed by the same plaintiff-respondent against the defendant-appellant for damages. First Appeal No. 423 of 1950 arises out of Money Suit No. 113 of 1947 which was valued at Rs. 2,400 only. First Appeal No. 404 of 1948 arises out of Money Suit No, 114 of 1947 valued at Rs. 6,432. Both the suits were heard together by Mr. S.M. Karim, Subordinate Julge, Dhanbad, and they were governed by the same judgment. Both the suits were decreed with costs. The defendant, Dominion of India, as owner of the East Indian Railway Administration and the Eastern Punjab Railway Administration as it was called then filed, two appeals. Against the judgment and decree passed in Money Suit No. 113 of 1947 an appeal was filed before the District Judge of Purulia which was subsequently transferred to this Court and was numbered as First Appeal No. 423 of 1950.

First Appeal No. 404 of 1948, however, was filed by the Dominion of India directly in this Court. Both these appeals have been heard together and they will be governed by the same judgment. Both the money suits related to consignment of a number of bags of potatoes from Kendaghat station