( 1 ) IN this Suit, the first plaintiff claims upon a subrogation from the second plaintiff who is stated to have lost goods (being tea in chests) by reason of the doings of the servants or agents of the defendant, a common carrier.

( 2 ) LEARNED Counsel for the defendant has already prayed for leave to retire for lack of communication with the defendant and such leave has been granted, However, the written statement of the defendant is on record. Notwithstanding such retirement of counsel, in my opinion a judgment can be passed in favour of the 1st plaintiff upon the admissions contained in the written statement. As the first plaintiff was not in a position to call any witness or formally prove any documents, it is somewhat fortunate for the plaintiff that several noteworthy admissions are contained in the written statement. In paragraph 13 of the written statement, there is admission about delivery of the goods to the defendant and the said delivery being made in regard to the business of the defendant as a common carrier. Paragraph 12 of the written statement also contains no denial of the statements contained in paragraphs 3, 4, 5 and 6 of the plaint. This part o