Ganapatia Pillai, J.-

This appeal is preferred by the plaintiff in O.S. No. 56 of 1953 on the file of the Subordinate Judge, Kumbakonam, against the decree dismissing that suit. The respondents are the Union of India, represented by the General Manager, Southern Railway, and the General Manager, Central Railway.

The appellant who is a trader in coriander seeds claimed Rs. 14,659-1.6 and interest at 6 per cent. per annum on this amount from 23rd January, 1951 to 3rd December, 1951. The plaint was originally presented to the Court of the Subordinate Judge, Tanjore, under the following circumstances. In December, 1950, the plaintiff instructed one Motilal Madan Mohan of Bidar in the old Hyderabad State to purchase for him 300 bags of dhania and despatch them by rail to Mannargudi. Accordingly, 300 bags were loaded by the broker Motilal Madan Mohan, on 25th December, 1950, at Bidar station in the broad gauge wagon No. G.I.P. 22315. The railway receipt No. 13205 obtained for the goods was endorsed over to the plaintiff for taking delivery of the goods at Mannargudi. The metre-gauge wagon in which the goods were sent to Mannargudi arrived at that station on 12th January, 1951. On opening

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