JUDGMENT:- The defendant in O.S.295 of 1963 on the file of the court of the District Munsif, Karur, who failed before the trial court as well as the first appellate court are the appellants before this court. The facts necessary f6r the purpose of appreciating the question that arise for consideration in this second appeal are as follows:-

The respondent herein, which is a firm, doing handloom business at Karur, despatched handloom goods to Gauhati under Parcel Way bill dated 7-4-1962. The bales were booked by the respondent "for selves" with 1054 and 1055 as their numbers for identification purposes. According to the respondent, the value of the goods as per its invoice came to Rs.1650. On 6-9-1962, the respondent requested the Station Master at Gauhati to rebook the goods to Karur railway station enclosing the original parcel way bill to him and the receipt of the same was

acknowledged on 11-9-1962, by the Station Master. But in spite of reminders in that behalf to the station master, there had been no compliance with the request of the respondent or any intimation in that behalf. On 16-11-1962, the station master, Gauhati, wrote a letter to the respondent intimating that