( 1 ) IN this suit the plaintiff claims recovery of Rs. 9036/- from the defendant in the following circumstances.

( 2 ) ON January 26, 1943, the plaintiff delivered to the North Western Railway at Lahore several cases containing wrosted dress materials for carriage from Lahore to Howarh. The plaintiff was the consignee. The goods arrived in Calcutta on or before the 23rd July, 1943, and they were delivered, except one case containing 8 pieces of wrosted dress materials of the aggregate length of 291 1/2 yds. On August 3, 1943, the East Indian Railway issued a short delivery certificate for non-delivery of the one case to which I have referred.

( 3 ) ON August 25, 1943, the plaintiff made a claim under Section 77 of the Indian Railways Act, for Rs. 9,036/- by a letter addressed to the Chief Commercial Manager, East Indian Railway Howrah. That letter was acknowledged and the plaintiff was informed by the Chief Commercial Manager by a letter dated the 31st August 1943, that the matter would receive attention.

( 4 ) ON December 23, 1943, the plaintiff wrote a letter to the Chief Commercial Manager complaining of the delay in the settlement of his claim and requesting paym