1. The question in this second appeal is one of limitation -whether Art.30 of the Limitation Act of 1908 applies to the case or whether Art.31 applies. The question of limitation was not considered in full by the trial court, the Munsif just saying that it was not established how the suit was barred. Before the Subordinate Judge three decisions, two of the Travancore-Cochin High Court and one of the Calcutta High Court, were cited. And the Subordinate Judge, following them, has held that there was no limitation.

2. The facts are simple. The appellant, the Southern Railway, short-delivered goods to the respondent, the consignee. The consignment was 22.330 tonnes and the delivery was 21 tonnes with the result that 1330 kilograms were short-delivered. The delivery was on 9th May 1961; and the suit was filed on 23rd July 1962, more than a year after the short-delivery. The Railway Administration claimed that the suit was barred under Art.31, while the respondent claimed that the suit came within Art.30- The second appeal came before a learned judge of this Court; and learned judge placed the case before a Division Bench since, in his opinion, the question involved, viz., whe