( 1 ) THE respondents Messrs. Ganpatrai Sagarmull and K. P. Ramaswami Nadar, as plaintiffs in the Court of the first instance, filed Suit No. 456 of 1965 against Union of India, the defendant in the suit and the appellant before us, for a decree for Rs. 10,017/- in favour of either or alternatively, an enquiry into demages and a decree for such sum as might be found due, interests, costs and other reliefs.

( 2 ) THE respondents case as stated in the plaint was as follows:--The respondent No. 1, Ganpatrai Sagarmull acted as a commission agent of the respondent No. 2, K. P. Ramaswami, that in any event if the respondent No. 1 was not competent to maintain the suit, the respondent No. 2 was entitled to the said sum by way of damages for non-delivery. After service of the due notices under Section 77 of the Railways Act, 1890 and Section 80 of C. P. C. the respondents on or about 16th March, 1965 filed the said suit against the appellant in the ordinary original civil jurisdiction of this Court.

( 3 ) THE written statement filed on behalf of the appellant (who was the defendant in the trial Court) mainly consists of denials, It was alleged that in view of the assignme