1. This application u/s. 25 of the Provincial Small Causes Courts Act, has been filed by the plaintiff. Messrs Rohtas Industries Limited, against the order of the Small Causes Court Judge, Sasaram, in S. C. C. Suit No. 193/ 230 of 1970.

2. The petitioner had instituted the suit for recovery of a sum of Rs. 451.79 on the following allegation. A consignment of gypsum, contained in two wagons, was despatched from Jamsar to be carried to Dalmianagar. The railway receipt was duly endorsed by the consignor to the plaintiff-petitioner. The title to the goods, therefore, passed from the consignor to the consignee and the petitioner claimed to have become the owner of the consignment. It was further alleged that in spite of the demands made and the notices given to the defendant opposite party, no delivery was made. Such a nondelivery had been occasioned on account of the wilful negligence and misconduct on the part of the railway administration. The plaintiff as owner of the consignment, being the endorsee of the railway receipt and owner of the Bijak, has suffered the loss of the amount in regard to which the suit had been filed. It was further asserted the notices had been duly s