Kanhaiya Singh, J.

1. This is a Second Appeal by the plaintiff arising out of a suit for damages for loss of consignment, and the question raised in this appeal is one of limitation. The facts, so far as they are relevant for the present appeal, are as follows:

On 16-12-47, 37 bales of cotton piece-goods were consigned to the railway at Indore for carriage to Dhanbad under Risk Notes A and Z. The goods were to be delivered to the plaintiff. Out of 37 bales, 35 bales were delivered to the plaintiff on 8-1-48. As regards the remaining bales the plaintiffs sought and obtained open delivery on 20-1-48, when it was discovered that one bale was entirely missing and some articles cut of the other bale had been pilfered. On 5-4-48 the plaintiff made a claim to the railway in respect of Rs. 658/ 8/6 on account of the price and incidental costs in consequence of the loss of one bale and some articles out of the other bale. This is exhibit 1. On 24-7-48 the Railway Adminisitration sent to the plaintiff a reply, exhibit 1 (c), stating that the matter was under its special enquiry. Finally, on 11-2-49 the railway sent a reply repudiating liability on the ground that the loss was occasio