( 1 ) THIS Rule has been issued at the instance of the Union of India representing the Eastern Railway and it is directed against a decree for a sum of Rs. 174-14-6 together with costs and interest passed by the Small Cause Court Judge, Asansol. The facts of the case which are not in dispute may be stated as follows : the plaintiffs opposite parties were consignees of two consignments of handkerchiefs from Ahamedabad to Barakar under Railway Receipts No. 45622 and 34623 bearing the same date viz. , 12-9-51. The consignments arrived at Barakar and when the plaintiffs went to take delivery, they were granted short delivery receipts of 29 dozens of handerchiefs in one consignment and 13 dozens in another consignment. The plaintiffs alleged that this shortage in both the consignments was due to gross and wilful neglect and misconduct on the part of the defendant Railway and that the consignments wore found to be "tampered with and contents taken away" while the consignments were in the charge and custody of the defendant. The plaintiffs accordingly claimed to recover a sum of Rs. 174-14-6 AS compensation for the price of the handkerchiefs which were not delivered to them. I