BEHERA, J.

( 1 ) THIS appeal has been directed against the judgment and decree passed by the learned Subordinate Judge, Sambalpur, dismissing the appellant's suit against the respondent for damages to the tune of Rs. 10. 729. 66 paise with costs and future and pendente lite interest, The case of the appellant was that a consignment containing a caustic soda lve in tank wagon No. CR-43595 was booked under invoice No. 31. R. R. No. 145457 dated 18-8-1969 by the consignor Jayshree Chemicals Ltd. and the wagon was loaded at the private siding of the consignor at Ganiam. This consignment was placed at the siding of the appellant-company on 23-8-1969 and it was found to be completely empty. The wagon was without any seal and label. The non-delivery of the entire caustic soda lve was, according to the appellant, due to the gross negligence and misconduct of the railway administration and after protracted correspondence with the railway administration claiming damages without any result, the suit was instituted for the aforesaid claims. The respondent denied any negligence or misconduct on the part of the railway administration and their servants and pleaded that the consignment of the ta