This appeal suit is directed against the judgment and decree dated 30-4-1985 rendered in O.S. No. 386 of 1981 by the Court of Principal Judge, City Civil Court, Madras thereby decreeing the suit filed by the respondents herein for recovery of a sum of Rs. 44, 300/- together with interest thereon at 9% per annum from the date of suit and for costs, as prayed for.

2. The plaint averments are that the first plaintiff sent a consignment of seven cases of textile goods, valued at Rs. 44, 330/- inclusive of packing and forwarding charged to M/s. Mahaveer Das and Brothers, Sahara Bazaar, Calcutta, as evidenced by bill dated 30-8-1977; that the consignment was insured with the second plaintiff as per the Insurance policy dated 31-8-1977 and the same was entrusted to the first defendant Southern Railway on 31-8-1977 for safe carriage by passenger train and delivery at Sahara Bazaar Railway Station of South Eastern Railways; that the parcel Way Bills have been sent through the Syndicate Bank, Madras for clearance, booking the consignment as "self" at the railway risk rate; that since the documents were not retired by the consignee, the first plaintiff's Special representative visi