This appeal arises out of a suit instituted by the appellant against the Governor-General in Council by Agent and General Manager of the South Indian Railway at Trichinopoly for recovery of Rs. 1,080.

A consignment of 103 bundles of tobacco dust was sent to the plaintiff-appellant to the Tiruppur Railway station from Shedbal station on the M. &38; S. M. Railway as per invoice, dated 10th August, 1944. The goods were received at the Tiruppur Railway station on the 18th August, 1944 and on unloading the plaintiff found that some of the bundles were completely wet and the packing of other bundles torn and loose He wrote to the Commercial Superintendent on 20th August, 1944, Exhibit A-2, complaining about the damage and claiming a sum of Rs. 3,000. The Claims Inspector examined the damaged goods and issued a certificate under date 9th September, 1944, assessing the value of the damage at 75 per cent. of Rs. 1,060. Damages were claimed on its basis by Exhibit A-3, dated 9th January, 1945. The railway administration repudiated the claim by their reply, dated 22nd January, 1945 (Exhibit A-4). The plaintiff caused an advocate’s notice to be sent (Exhibit A-5) on 6th February, 1945,