JUDGMENT :- The plaintiff, whose suit for Rs.113-6-3 being the value of the shortage of goods, due to him from the defendant, inclusive of proportionate freight charges has been dismissed, is the petitioner, in this civil revision petition, and the only question that arises, as the learned District Munsif has stated, is whether the defendant-railway is liable for the alleged loss occasioned to the plaintiff during the transit. There was a consignment weighing 15 maunds 30 seers of textile material from Madura to Bezwada according to the railway receipt, which is marked in the case Ex.B.5. The plaintiff as the consignee when he took delivery of the goods at Bezwada found that the quantity was short by 22 seers and he took open delivery of it. The present suit is for the recovery of the price of 22 seers of goods. The lower Court has dismissed the suit on the ground that in the absence of proof that the shortage occurred on account of the misconduct on the part of the railway, the plaintiff is not entitled to any relief.

2. In revision, it is argued for Messrs. John and Row by Mr. Sriramamurthi, that according to the clause in risk note Z the railway administration shall be b