S. K. MOHANTY, J.

( 1 ) THIS defendant's appeal arises out of a suit for damages in respect of 81 consignments of wagon loads of cement dispatched by the plaintiff company by railways to different destinations as per the schedule attached to the plaint.

( 2 ) PLAINTIFF's case, in brief, was that all the consignments were booked to self to different destinations and while taking delivery at the destination stations, shortage and damages to the consignments were detected. Plaintiff thereupon took delivery against damage / shortage certificates. It is alleged that the shortage / damage was in transit due to fault and negligence of the railways. Plaintiff thereupon issued statutory notices under the Indian Railways Act and as they bore no fruit, further issued notices under Section 80 of the Code of Civil Procedure. In spite of such notice plaintiff's claim was not settled and therefore, it brought the suit for realisation of Rs. 17,430. 42 paise, being the value of the goods damaged and short delivered; along with interest of Rs. 261 / -.

( 3 ) WHILE contesting plaintiff's claim, defendant contended that all the consignments were booked in full wagon loads, loaded by the plaintiff i