LINGARAJA RATH, J.

( 1 ) THE Union of India as owning and managing the South Eastern Railway through the General Manager, S. E. Railway, Garden Reach Road, Calcutta-43 is the a appellant against the decree passed against it for recovery of a sum of Rs. 4,359. 05 with costs in a suit brought at the instance of the respondent claiming damages for short delivery of kerosine delivered to him at Soro.

( 2 ) THE facts briefly stated are that the plaintiff-respondent had indented 24,500 liters of kerosine oil by way of self consignment from Budge-Budge and despatched the goods therefrom under invoice No. 1, R. R. 221658 dated 6-12-1970. It was the case of the respondent that while taking delivery of the wagon it was found to be broken and a shortage of 11, 500 liters of kerosine oil was noticed for which the Station Master, Soro issued a shortage certificate and the suit was instituted on account of the loss suffered.

( 3 ) THE suit was contested by the appellant contending that the goods were not loaded at Budge-Budge under the supervision of the Railway staff. The consignment was booked under L/u condition which meant that loading at the despatch station and unloading at the destinati