DIPAK KUMAR SEN, J.

( 1 ) THE plaintiffs, Messrs. Ganpatrai Sagarmull and K. P. Ramaswami Nadar, have instituted this suit against the Union of India, claiming, inter alia, a decree for Rupees 10,017/- in favour of either in the alternative; alternatively, an enquiry into damages and decree for such sum as may be found due, interest, costs and other reliefs.

( 2 ) IT is alleged in the plaint that at all material times M/s. Ganapatrai Sagarmull, the plaintiff No. 1 acted as the commission agents of K. P. Ramaswami Nadar, the plaintiff No. 2 for sale of cardamoms in Calcutta. It is alleged that on or about the 10th April, 1964, the plaintiff No. 2 delivered to the South Eastern Railways eight bags of dry cardamoms for transportation from Virudhu-nagar to Shalimar under a Railway Receipt dated the 10th April, 1964 bearing No. C. 558753 issued in favour of the plaintiff No. 2.

( 3 ) IT is alleged that the plaintiff No. 2 was the consignor as also consignee of the said goods. It is alleged further that the plaintiff No. 2 endorsed the said Railway Receipt in favour of K. P. Ramaswami Nadar Sons and Co, a sister concern of the plaintiff No. 2 and made over the same with intent to pass

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