JUDGMENT :- This is plaintiffs appeal against the decree of the Subordinate Judge, Chittoor, dismissing his suit for recovery of value of mangoes sent by him for transport from Damalacheruvu on the M and S M Railway to Victoria Terminus, Bombay, on the G. I. P. Railway and for freight charges paid by him. The goods were consigned on 5-8-1945 and he paid a very large amount of Rs. 1024-6-0 for freight charges. The baskets of mangoes contained Neelam, Rumani and Thotapuri varieties. The plaintiff claims Rs. 6450. His case is that the mangoes reached Bombay in a damaged condition owing to considerable delay on the part of the railways which he attributes to their misconduct either on the part of their administration or their servants. The suit as framed is one for value of the mangoes sent plus the freight charges and he reserved his right for damages. In substance, however, I think the case may be treated as one for damages caused to him by the whole transaction. The Governor-General in Council is the first defendant and two railway systems, the M. and S. M. and the G. I. P. Railways, defendants 2 and 3. 2. Substantially the written statements admitted the delay in transit o