JUDGMENT :- The plaintiff first respondent a trader at Tuticorin, gave an order to the first defendant, a trader at Amaravati, for the supply of 200 bags of white toor. The consignment was booked at Amraoti by the G.I.P. Railway, delivery to be made at Tuticorin by the Southern railway. The plaintiffs case was that 200 bags of white toor were actually sent by the first defendant through the G.I.P. railway and the Southern railway. Only 189 bags of white toor were delivered at Tuticorin and there was a shortage of 11 bags. He, therefore, sued to recover the value of the 11 bags, with interest. The two railways denied liability.

The learned Judge found that there was a short delivery of 11 bags out of which the G.I.P. railway must be made liable for ten bags and the Southern railway for one bag. The allotment of liability was on the ground that one bag was lost when the goods were in transit between Arkonam and Tuticorin, while the other ten bags must be deemed to have been lost between Amraoti and Arkonam. Both the G.I.P. and the Southern railways preferred this petition against the decree of the learned Subordinate Judge.

2. The petition was pressed only on behalf of the G.I