R.K.Choudhary, J.

1. This is an appeal by the plaintiff whose suit for recovery of a sum of Rs. 2,895-14-6 by way of damages, interest and certain other charges has been dismissed by the Courts below. 25 bales of cotton twist yarn were consigned at Rajapalayam Railway Station of the South Indian Railway for being delivered to the appellant at Gaya Railway Station of the East Indian Railway on 16-9-1947. Out of the above 25 bales, only 20 bales were delivered to the plaintiff at Gaya on 18-10-1947, and the remaining 5 bales remained undelivered. On 29-12-1947, the appellant sent notices under Section 77 of the Indian Railways Act to the General Manager of the above two railways. On 26-1-1948, the Chief Commercial Manager of the South Indian Railway, Trichinopoly, gave a reply to the above notice by his letter (Exts. 3) that, inasmuch as the destination station was situated on the East Indian Railway, the Chief Commercial Manager of that railway at Calcutta was the proper authority to dispose of the matter in question and the said officer at Calcutta had been advised to dispose of the matter, and requested the pleader of the plaintiff, through whom the above notice had been s