The defendant in M. S. No. 15/57 has preferred this appeal against the judgment and decree passed by the learned Subordinate Judge, L. A. D. Now-gong-camp at Tezpur, by which he decreed the plaintiffs-respondent's suit for Rs. 7410, made up of Rs. 6238 being the market value of the goods not delivered at the rate of Rs. 2-12-0 per maund; Rs. 219 as freight claimed for one consignment in which goods of one wagon were delivered out of two wagons and Rs. 953 as special damages for the loss suffered due to stoppage of the plaintiffs' mill for want of coal which was caused due to the non-deli-vary of the coal by the defendant.

3. The plaintiffs' case is that they are the owners of Kalyan Rice and Oil Mills at Tezpur. For running the mill, the plaintiffs indented on various dates Assam coal from Margherita, Ledo and Naginimora Railway stations under the North-Eastern Railway, as it was then called, under the invoice and Railway Receipts as follows:

1. One wagon No. 15285 of 11 tons (300 maunds) under Invoice No. 9, R/R No. 485322 dated 7th August 1956.

2. One wagon No. 15696 of 11 tons (300 maunds) under Invoice No. 10, R/R No. 485340 dated 16th August 1956.

3. One wagon No. 30445