Devadoss, J.

1. The plaintiffs suit is for damages for non-delivery of the goods consigned from Ahmadabad under Ex. B. The two defendants are Railway companies; and to the 2nd defendant the goods were consigned and the 1st defendant was to deliver the goods at Tinnevelly. The District Munsif dismissed the plaintiffs suit. On appeal, the Additional Subordinate Judge, Tinnevelly, framed two issues and called for findings on them. After the findings were received, the Subordinate Judge considered the whole case and gave a decree to the plaintiff. The defendant Railway Companies have preferred this second appeal.

2. The first point urged by Mr. V. Viswanatha Sastri for the appellants is that the Subordinate Judge was not justified in raising additional issues and calling for findings on them, inasmuch as the points raised in the additional issues were not specifically raised in the plaint. I cannot say that the appellants were prejudiced by the Subordinate Judge raising additional issues and calling for findings on them, inasmuch as an opportunity was given to both sides to adduce evidence on the issues raised. The next contention is that the plaintiff is bound by the terms of Ex