BHARGAVA, J.—This first appeal is filed on behalf of the defendants in a suit for recovery of Rs. 12, 913/3/-and is directed against the judgment and decree of the District Judge, Bikaner dated 7th December, 1954.

2. The Bikaner Textile Merchants Syndicate Ltd., through its liquidators instituted a suit on 27.5.53 against the Union of India and the Northern, Western and Central Railways for recovery of Rs.12913/3/- as compensation for non-delivery, shortage and damage to their goods which were booked from Bori Bundar Railway Station to Bikaner. It is alleged that out of a consignment of 265 bales of cloth which were booked on 19.1.48,261 bales were delivered to the plaintiff on 15.3.48. Out of the remaining 14 bales, 4 were delivered to the plaintiff on 18.10.49. The remaining 10 bales were not delivered at all. It is alleged that the cloth in 14 bales out of the lot delivered on 15.3.1948 had become wet and damaged and the loss is assessed at Rs. 2911/10/-. In seven bales out of the same lot it is alleged that there was a shortage of cloth worth Rs.1299/14/9. In 4 bales which were delivered on 18.10.49 there was a shortage of cloth in two bales worth Rs. 871/12/6. Rs.7830/7/3 are c

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