A railway administration is not liable for the loss of goods unless the loss occurred on the line of that railway and the plaintiff fails to prove that the loss had occurred owing to the negligence or laches of the railway administration.

( 1 ) THE plaintiff firm Jetmull Bhojraj filed a suit for the realisation of damages suffered by them as a portion of a consignment of textile goods had been received in a damaged condition. The claim was preferred against the Dominion of India as it then was representing certain railways systems under State management and the Darjeeling Himalayan Railway Company Ltd. The learned Subordinate Judge decreed the plaintiff's claim in part against the Darjeeling Himalayan Railway Company Ltd. , and dismissed the suit against the Do. minion of India.

( 2 ) THE Darjeeling Himalayan Railway Company Ltd. , referred the present appeal to this Court. During the pendency of the appeal the appellant Company went into liquidation and the liquidators have been duly brought on the record.

( 3 ) A Memorandum of cross objection was filed on behalf of the plaintiff firm. From the grounds taken in the memorandum it appeared that the plaintiff intended to contend that the portion of the claim disallowed by the trial Court should not have been dismissed and that the plaintiff's suit ought to have been decreed against the Dominion of India, now the Union of India as representing the State owned Railway systems.

( 4 ) AFTER the appeal had been opened and the Respondent was called upon the attention of the Court was drawn to the fact that the court-fee paid on the memorandum of cross-objection was on a valuation of Rs. 5. 585-2-6 being the balance of the claim which had been dismissed by the trial Court as the plaintiff-cross-objector had taken grounds against the Union of India for the full amount of the claim the cross objection should have been valued on the full amount of the plaintiff's claim as in the trial Court. No objection had been raised by the office as regards the insufficiency of the Court-fee paid. The plaintiff asked for leave to put in the deficit court-fee on the full value of the plaintiff's claim. This prayer was allowed, on the cross-objector paying a certain amount to the appellant for the costs of the hearing which had already taken place. The plaintiff has now paid the costs and has also filed the delicit court-fee.

( 5 ) IT had further transpired that the Union of India had not entered appearance in this Court. As this might have been due to the circumstance that the appeal preferred by the Darjeeling Himalayan Railway Company Ltd. , was directed only against the plaintiff and not against the co-defendants, and further the memorandum of cross-objection having been valued at Rs. 5,085-2-6 the Union of India might have been advised not to enter appearance in me appeal. on the valuation of the cross objection being increased and deficit court-fees having been paid we directed fresh service of notice on the Union of India both of the appeal and of the cross objection, indicating the amended valuation.

( 6 ) THE Union of India has now entered appearance. The appeal and the cross objection have been re-heard in the presence of the plaintiff and the both sets of defendants. As the appeal taken along with the cross-objection is directed against the entire decision by the trial Court we proceed to State the salient facts indicating the points which have been urged in this Court.

( 7 ) THE case as made by the plaintiff in the plaint was that a consignment consisting of 259 bales of textile goods were booked on 10-5-1946 from Wadibunder, a Station on the G. I. P. Railway to Geillekhola a station on the Darjeeling Himalayan Railway. The goods were consigned to the Political Officer, Sikim. Out of the said consignment 169 bales reached the destination and were delivered on or about 7-6-1946. The fact of non-delivery of the remaining 90 bales was noted on the Railway receipt. Repeated requests for early delivery were made by the plaintiff firm and by the Sikkim Darbar to the different Railway Administrations. The consignment was to be carried over the G. I. P. , Railway, E, I. Railway, B. A. Railway and the Darjee