KUNHAMED KUTTI, J. :- The only point that arises for determination in this appeal is whether the suit is barred by limitation. The facts can be briefly stated.

2. On 24-7-1956 a consignment of beedi tobacco consisting of 55 bags was despatched from Karamsad in the State of Maharashtra to Tirunelveli junction. The goods had to pass through the Western Railway, Central railway and Southern railway and actually reached Tirunelveli Junction on 27-8-1956, which normally is a much longer time than usually required. The plaintiff who is the consignee of the goods found them wet on arrival and, therefore, did not take delivery. On 1-9-1956, the plaintiff wrote to the Chief Commercial Superintendent of the Southern railway as per Ex. A. 13 that the above consignment reached Tirunelveli junction after a pretty long time and that almost all the bags were found damaged due to rains as the bags had been loaded in an old wagon exposed to sun and rain in transit. By this letter the plaintiff also informed the Chief Commercial Superintendent that, since the bags were damaged, the plaintiff was not in a position to take delivery as the tobacco had completely lost its colour, flavour, taste,