This is a second appeal which has been preferred against the decree and judgment of the District Judge of Kurnool in A.S.No.101 of 1947, reversing the decree and judgment of the learned District Munsiff in O.S.No.167 of 1945.

The facts are: Six bundles of cotton cloth were consigned on 14th September. 1943, by the plaintiff’s deceased father Devappa from the Tuggali railway station under R.R.No.63/17791 and Invoice No.1/6 for delivery to himself at Hindupur. Of these six bundles, only three bundles, weighing 3 maunds and 26 seers, arrived at Hindupur on 16th September, 1943. The plaintiff’s father took delivery of these three bundles under protest and informed the railway authorities on 30th September, 1943, about the non-delivery of the remaining three bundles. The Chief Commercial Manager, M. & S.M. Railway, wrote to the plaintiff’s father on 14th October, 1943, that he would make enquiries into the matter and send a reply in due course. As no reply Was however received by the plaintiff’s father for nearly a month afterwards, he got a notice sent through his lawyer on 14th November, 1943, claiming compensation of Rs.2,955-13-0 for the non-delivery of the remaining three