S.C.Prasad, J.

1. This is an appeal from the judgment of the Subordinate Judge of Bhagalpur. The plaintiffs are the appellants. Their suit was for recovery of Rs. 10325/4/6, being the price of cotton and silk cloth consigned by them to the Eastern Railway (respondents railways) for being carried from Nathnagar Railway station to Nawadip Dham Railway station, which had not been delivered to them, and also for Rs. 174/- is compensation for non-delivery. The total amount claimed was, therefore, Rs. 10499/ 4/0.

This suit has been dismissed by the learned Subordinate Judge on the findings that there was no misconduct on the part of the railway servants resulting in the non-delivery of the goods to the appellants and, therefore, the respondent was not liable for any amount.

2. The facts of the case briefly stated arc as follows: The plaintiff No. 1 and his brother one Muhammad Idris deceased had a partnership business under the name of the firm "Muhammad Idris Brothers" dealing in handloom cloth, silk as well as cotton, at Bhagalpur, Muhammad Idris died on 12-12-1949 leaving behind plaintiffs 2 to 8 as his heirs, being his widow, son and daughters.

The original partnership busine