BEHERA, J.

( 1 ) THE suit instituted by the plaintiff respondent against the Union of India, represented through the General Manager, South Eastern Railway, who is the appellant herein, for recovery of a sum of Rs. 31,556. 82 paise on account of short delivery by the Railway Administration has been decreed by Mr. D. C. Guru, Subordinate Judge, Sambalpur, accepting the claim that the plaintiff respondent, being the owner of a consignment of 1122 pieces of aluminium ingots booked under railway receipt No. 335024 dated June 15, 1972 from Renukoot to Sambalpur after being checked by the Railway Administration, suffered shortage of 252 pieces of aluminium ingots weighing 5412 Kgs. When the consignment reached the Sambalpur Railway Station without the original seal and rivet for which the plaintiff had demanded open delivery and the Railway Administration had granted shortage certificate (Ext. 5), which, according to the findings of the learned Subordinate Judge, was owing to the negligence and misconduct on the part of the Railway Administration and their servants, while rejecting the case of the defendant-railway that the suit consignment was a wagon load booked under the 'l/u' condit