1. In the suit out of which this appeal arises the plaintiff alleged that a consignment of 343 tins of mustard oil was despatched from Hathras Killa on the Northern Railway for being delivered1 at Kodarma Railway Station on the Eastern Railway, At the time of delivery the plaintiff found that 93 tins of mustard oil were damaged. Out of these 93 tins, 25 tins were found entirely empty and 68 tins were found leaking. The plaintiff, therefore, brought this suit for recovery of damages against the railway authorities for loss of the consignment, alleging that it was due to the negligence and misconduct on the part of the railway administration.

The suit was contested by the defendants on the ground that at the time the tins were handed to the charge of the railway authorities at Hathras Killa, the tins were in a defective condition and the soldering was weak and so Section 74-A of the Railways Act applied to the case. It was also contended on behalf of the defendant that there was no negligence or misconduct proved on the part of the railway administration or any of its servants. The trial Court granted a decree to the plaintiff, but in appeal the lower appellate Court has reve