( 1 ) THE plaintiff, who is the respondent, claims to be a business man in stationery and toilet goods. He came to court with the case that, on June 9, 1951, he purchased a Railway Ticket from Bombay (Victoria Terminus) to Howrah and booked his luggages, consisting of nine cases of toilet goods. He paid the proper freight for the luggages and obtained luggage. Ticket No. 4919/9, dated June 9, 1951. According to the plaintiff the luggages were to be carried by 1 down train, leaving Bombay on June 9, 1951. Plaintiff alleged that the Railway Administration failed to deliver the luggages at Howrah Station and thus failed to perform its contractual obligation. The plaintiff claimed that he suffered a loss of Rs. 16,767-8-0 as detailed below:

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Rs .

9 cases toilet goods etc. weighing   20 maunds 24 seers valued at 15,000-0-0 Freight etc. 267-8-0 Loss of Profit at 10% 1,500-0-0 Total claim 16,767-8-0

( 2 ) IN the aforesaid circumstances the plaintiff instituted the suit, out of which this appeal arises, claiming recovery of Rs. 16,767-8-0.

( 3 ) THE suit was contested by the Railway Administration. Paragraphs 7, 8 and 12 of the written statement, which are ma