V.R. Krishna Iyer, J.

1. While the revision petition relates only to a sum of Rs. 100 odd, claimed in a small cause suit, the point of law involved i.e., of the liability of the Railway Administration for loss, to an endorsee or consignee of a Railway Receipt is one on which there is much diversity of thought and divergence of views expressed by the Judges of the superior courts. Where the law is lost in a maze of conflicting precedents and the subject matter is one which affects the common people in their ordinary life, the situation is ripe for the legislature to speak, re-state and simplify the rule of law that must apply uncertainty and abstruseness being besetting sins of which all legislation in a democratic society must be purged. But, till the legislature has the time to do this, Courts have to endeavour to state and apply what they regard to be the correct law. I proceed to do so, conscious of the fact that case-law on the subject has reached the point of diminishing returns.

2. A consignment of Kesari, dhal despatched from Furwah to Trichur arrived in a damaged state and the plaintiff, the endorsee of the Railway Receipt from the consignor who was 'also the consignee,