1. The defendant, the Southern Railway, is the appellant in this case. The suit is for damages. 100 bags of sugar purchased by the plaintiff were railed from Hathuva Railway Station to Quilon. The railway receipt, which was sent through the Alleppey Branch of the Imperial Bank, was endorsed in favour of the plaintiff by that bank. The plaintiff took delivery of the consignment at Quilon on 23.10.1944. On taking delivery it was found that there was a shortage of 19 bags. The value of the 19 bags would come to Rs. 1,1116-4 As. On 8.2.1945 the plaintiff lodged a claim before the Head Office of the Railway Company at Trichinopoly in respect of the short delivery. On 15.2.1945 the Company sent a reply directing the plaintiff to send a copy of the railway receipt and other relevant documents. They were sent in due course. There were other claims of the plaintiff pending settlement with the Railway Company and the plaintiff sent a consolidated list of all the claims on 21.3.1946. As this claim was not satisfied even after a reminder sent on 4.9.1946 the plaintiff sent a suit notice through his advocate on 5.5.1947. In the reply sent by the defendant on 10.5.1947 the plaintiff