( 1 ) THE complaint in this rule is that the Cts. below have wrongly thrown out the pltf's. suit on the ground of limitation. The facts are extremely simple and are as follows:

( 2 ) ON 6-5-1944, the petnr. handed over a bundle of cloth at the Burra bazar Booking Office of the B. and A. Rly. for carriage from Calcutta to a station called Jogbani. The handle was never delivered. Some correspondence followed in the course of which by a letter dated 13-3-1945, the Rly. informed the petnr. that one bundle belonging to his consignment was lying undelivered at the destination and that he must make arrangements for taking delivery within a certain time. The letter reads as follows:"dear Sir, sub : Calcutta Burra Bazar to Jogbani P. W. B. 963712 of 6. 5. 44. one bundle of cloth. With reference to your letter No. nil dated 2/8/44, I beg to inform you that one bundle of cloth belonging to the above consignment is lying undelivered at destination at your sole risk and responsibility and incurring wharfage daily. Will you please arrange to take delivery of the same at an early date ? if delivery is not taken or instructions received as to its disposal within 15 days from the