In this case an interesting question has come up before me whether the endorsee of a railway receipt can, by reason of such endorsement, institute a suit in his own name and recover damages from the Railway on the ground that the goods consigned through the railway had suffered a loss. The only point that was argued even before the New Trial Bench was as regards the maintainability of the suit. The New Trial Bench held that the suit was maintainable and affirmed the trial Court’s judgment, and granted a decree. As against this judgment and decree of the New Trial Bench this Civil Revision Petition has been filed, and Sri M.M. Ismail once again contends before me that the suit filed by the endorsee of the railway receipt in his own name is not maintainable. He has cited before me a Bench decision of our High Court in Yacob Rowther Sons v. Union of India1, and also the decision of the Supreme Court in Union of India v. West Punjab Factories2. Though he referred me to the ratio in Morvi Mercantile Bank v. Union of India3, it does not appear to be relevant for the purposes of this case, as, in the later decision cited by him, the ratio is fully and positively set up by the S