This civil revision petition is by the Governor-General in Council owning the B.B. &38; C.I. Railway represented by the General Manager seeking to set aside the decree passed by two Judges of the Presidency Small Causes Court, Madras, in a New Trial Application preferred by the respondent against the judgment of the Chief Judge of the Court of Small Causes, Madras, dismissing the claim for loss sustained by the respondent by the failure of the company to deliver one bale of textiles.

Both the trial Judge as well as the two judges who heard the New Trial Application came to the conclusion that the loss of one bale of textiles consigned by the respondent was due to the misconduct of the railway administration itself and not by any other agency outside the railway administration. Both are of the definite opinion that some of the railway employees were responsible for the loss of this one bale in question. The misconduct of the employees of the administration is certainly the misconduct of the administration itself. On this point, there is no question raised by the petitioner. Besides, it being a finding of fact, no question can be raised either.

The main question that has be