( 1 ) THIS revision petition is directed against an order of the learned Judge, Small Causes Court, Simla whereby he dismissed a suit of the petitioner for the recovery of Rs. 347. 56 paise. The allegations of the petitioner, in the plaint, were as under:-

( 2 ) THE petitioner is the sole proprietor of the firm known as Messrs Dewan Chand Atma Ram, 47, The Mall, Simla. The firm is dealing in wool and other goods. A consignment, containing one case of wool was sent to the petitioner by Bengal National Textile Mills Limited, Calcutta from Howrah vide R. R. No. Q52528, dated 2nd November, 1964. Due to the misconduct and negligence of the Railway Administration, the above ccnsignment reached Simla in a damaged condition. The petitioner had taken open delivery of the goods and it was found that 29 packets of Raj Hans knitting wool were short. The shortage certificate was obtained from the Chief Goods C!erk en 15th December, 1964. The certificate was sent to the Cheif Commercial Superintendent (Claims Branch), Kashmere Gate, Delhi along with the letter of the petitioner dated 22nd December, 1964 in which claim for shortage was made against the Railway Administration. On acc