1. In this case the plaintiff, Choa Mahton, brought the suit on the allegation that on the 30th of October, 1946, a consignment of 69 bags of onions was despatched from Digha Ghat for being taken to Bhagalpur. The wagon in which the consignment was despatched happened to reach Patna on the same date, but owing to negligence on the part of the Railway Administration the wagon was delayed at Patna from the 30th October, 1946, to the 11th November, 1946. On the 12th November, 1946, the consignment reached Mikamah and on the 19th November, 1946, the consignment reached Bhagalpur. On the 21st November, 1946, the consignee refused to take delivery on the ground that the entire quantity of onions became decomposed and unfit for human consumption. The defendant Railway Administration thereafter buried the onions underground. The claim of the plaintiff is based on the allegation that the delay in transit was due to the misconduct of the Railway Administration. The main ground of defence was that there was no misconduct or negligence on the part of the Railway Administration and it was asserted that there was communal disturbance in Bihar and railway traffic was delayed for that reas