G. K. MISRA, J.

( 1 ) DEFENDANT is the petitioner. The plaintiffs case is that a consignment consisting of 219 bags of rice was despatched from Gunupur Railway Station to the plaintiff at Cuttack through the defendant-railway. The defendant delivered 180 bags on 21-9-59 and 33 bags on 31-1-59 to the plaintiff, and the rest 6 bags have not been-delivered. The plaintiff claimed Rs. 316/- as damages The defendant contested the suit only on the ground of limitation. The suit was filed on 26-4-60 and Section 80 notice was served on 9-1-60. According to the defendant, limitation begins from 21-1-59 when the 180 bags of rice were delivered, and after giving margin for 14 months, the suit is barred under Article 31 of the Limitation Act,

( 2 ) THE learned S. C. C. Judge decreed the plaintiff's suit for Rs. 308/- holding that the suit is not barred by limitation. The learned Judge's finding is quoted as follows :

"in the instant case it is admitted by the defence witness D. W. 1 that the despatching station Gunupur being situated in narrow gauge, the consignment in question was despatched in several lots as the wagons in question in the narrow gauge are small ones. This also involves trans