( 1 ) NONE appears. As this revision petition is of the year 1989 and arises out of an impugned order dated 15. 4. 89 passed by the learned Judge of Small Causes Court, Delhi in Case No. 160/87,itis taken up today for final disposal.

( 2 ) THE present revision petition arises out of impugned order dated 15. 4. 1989 passed by learned Judge of Small Causes Court, Delhi. The impugned order arises from a plaint filed by the respondent-firm for recovery of Rs. 880. 00 against the defendant-Railways on account of short delivery of one bag and one katta of rice respectively in two consignments tendered to the Railways for carriage. The Trial Court had delivered a judgment, finding that it is the duty of the consignor as to whom receipts have been issued to establish that exact quantity as mentioned in the consignment is loaded.

( 3 ) LEARNED Counsel for the revision petitioner has relied upon the Madras High Court judgment reported in AIR 1956 Madras 176 (Vol. 43 C. 51 Feb.), Union of India v. S. P. L. Lekhu wherein it has been held that: So long as the seals were intact, the Railway was not in any way responsible for any shortage. The learned Judge evidently missed the signif