JUDGMENT :- This is a suit for the recovery of Rs. 11,375/- being the value of 65 bales of Mesta Special Tops Jute. On or about 21 January, 1949, Messrs. Kodamull Nahata made over to the East Indian Railway at Dhuliangunge 65 bales of Mesta Special top for consigning same from Dhuliangunge to Cossipur Road as per contract contained in or evidenced by invoice No. 335 and Railway Receipt No. 10132 dated 21st January, 1949. In paragraph 3 of the plaint it is alleged that the Railway Receipt was endorsed and/or made over to the plaintiff at Calcutta within the jurisdiction aforesaid for valuable consideration. The plaintiff applied for the delivery of the goods but the goods were not delivered. The plaintiff alleges that such non-delivery was due to the negligence or mis-conduct of the agents and servants of the East Indian Railway.

2. In the written statement it is denied that there was any negligence or misconduct on the part of the Railway Administration or that the Railway Administration failed to take proper care of the goods while they were in the possession of the railway. In paragraph 5 of the written statement it is further alleged that in due course of transit while the train

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