A. MISRA, J.

( 1 ) PLAINTIFF is the appellant. Defendant No. 1 is the Union of India representing four different Railways, the South Eastern Railway, the Eastern Railway, the Northern railway and the North Eastern Railway who have been described as defendant nos. 1/a. to 1/d. Defendant No. 2 is the proprietor of the Tara Oil and Ginning mills of Hapur in U. P.

( 2 ) THE facts on which the plaintiff has founded his claim, in brief, are as follows: a tank load of mustard oil containing 528 maunds was consigned by defendant No. 2 at Hapur junction in Northern Railway on 19-9-1960 under R/r No. 217968 invoice No. 15 for delivery to self at the destination Cuttack on the South Eastern Railway. The railway receipt along with the bill amounting to Rs. 39,323. 32 was sent through the punjab National Bank, Hapur to the plaintiff to enable him to take delivery of the consignment. When the consignment reached Cuttack on 22-10-1960, the tank was found to be leaking. The plaintiff took delivery of the goods on protest after dip measurement. On actual weighing, the contents were found to be 424 maunds. 37 seers and 8 chhataks of oil. Thus, there was a short delivery of more than 103 maunds of