G.N.Prasad, J.

1. Consequent upon nondelivery of a part of a consignment booked for carriage by the railway, the plaintiff consignee, who is the appellant before us, instituted the suit for recovery of damages from the defendant, attributing loss of the undelivered part of the consignment to negligence and misconduct of the railway administration or their servants.

2. The material facts which are not in dispute before us are these: On the 2nd November 1949, the entire contingment which consisted of 41 bales of cloth was duly loaded at Wadibunder in a through wagon (No. N. W. R. 4223) for carriage to and delivery at Gaya in forms of railway receipt No. 9494/20, dated the 1st November 1949, The consignor did not, however, pay the freight at the ordinary tarrif rate, but booked the consignment at a special reduced or owners risk rate, limiting the general liability of the railway administration of that of a bailee by executing risk notes in Forms A and Z, whereby the railway administration was relieved of all responsibility for loss, destruction or damage to the goods or any part thereof arising from any cause whatsoever, except upon proof of misconduct on the part of the rail