BIJAYESH MUKHERJI, J.

( 1 ) THIS is a plaintiff's appeal from an appellate judgment and decree of affirmance dismissing a claim against the Union of India awning and representing certain railways for compensation for non-delivery of a consign- ment.

( 2 ) THE sole appellant Mohammad Shafique and his brother Mohammad Rafique carry on business under the name and style of Mohammad Shafique and Brothers, a registered firm at Raniganj within the sub-division of Asansol. They deal in tobacco including what is called 'makha' (mixed) tobacco. With a view to manufacturing 'makha' tobacco of various qualities, they purchase scents from far and near.

( 3 ) ON September 27, 1951 the Foreign Scent Supplying Syndicate (shortened in the railway receipt into F. S. S. S.) of Bombay despatched one case of chemical perfumery christened 'satomala' from Borivli, a station the abbreviation of which in railway terminology is B. V. I. The case contained 112 Ibs. of 'satomala'. The destination of this consignment despatched under a parcel way bill No. B/15751-2 dated September 27, 1951 was Raniganj. It was consignment to self. The railway receipt which is the parcel way bill just stated was endorsed in

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