( 1 ) THE facts of this case lie within a narrow compass.

( 2 ) ACCORDING to the plaintiff on or about the 21st April, 1964 one M. J. Patel and Company of 177, Nagdevi Street, Bombay-3 delivered to the Central Railway at Wadi Bandar (Bombay) 200 pieces of Seamless 1/2" M. S. Pipes C Class measuring 3870 feet for carrying them to Shalimar on the South Eastern Railway. The Railway Receipt bearing No. 822386 was issued on the 21st April, 1964 in which M. J. Patel and Company were shown both as the consignor and the consignee.

( 3 ) ON the 2nd May, 1964 the Union Bank of India Limited, Clive Road, Calcutta as an agent of M. J. Patel and Company endorsed the Railway Receipt to the plain-tiff for valuable consideration.

( 4 ) ACCORDING to the plaintiff, the goods ought to have arrived at Shalimar between 12th May, 1964 and the 19th May, 1964. The plaintiff duly presented the Rail-Way Receipt to the Railway Administration at Shalimar but failed to obtain delivery of the goods. It is in these circumstances, that the claim for Rs. 10,855. 35 p. is made being the invoice value of these goods.

( 5 ) IT is further stated in the plaint that on the 4th December, 1964 the Sout