This second appeal has been filed by the plaintiff. Both the Courts below dismissed the suit of the plaintiff on the ground that in the forwarding note an endorsement was given that the packing of the consignment was not in conformity with the Rules and a such the Railway Authority can claim the benefit of section 77C of the Indian Railways Act (old). Reliance was placed by the plaintiff in two judgments - AIR 1974 Calcutta 207 (Union of India vs. Laduram Fakirchand) and AIR 1971 Bombay 52 (Union of India, owning South Eastern Railway, Administration, Calcutta vs. Ramprasad Mulchand Agarwal, wherein in AIR 1974 Calcutta 207 a Single Bench of the Calcutta High Court has held, inter alia, as follows:

"In my view, therefore, in order that the Railway Administration may be absolved of its liability under section 73, it is necessary that in the forwarding note not only there should be a recording about the defective or improper packing of the goods but also it should be further recorded that as a result of such defective or improper packing the goods are liable to damage, deterioration, leakage or wastage."

2. This Calcutta decision was not accepted as a correct decision by a number of H

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