H. L. AGRAWAL, C. J.

( 1 ) THIS is an appeal by the defendant, Union of India representing the South Eastern Railway, against the decree of the trial court for a sum of Rs. 79,556. 40 passed as damages for non-delivery of certain Mohua flower consignments, raising some interesting questions of law.

( 2 ) THE facts : the plaintiff despatched nine consignments of Mohua flower from Khariar Road Railway Station to Seoni under nine separate railway receipts in the month of May, 1970. Each consignment was loaded in one full wagonload consisting of 321 bags, each weighing 224. 70 quintals. The consignments were booked to 'self' and, according to the plaintiff's case, they were despatched under sale orders to M/s. Jaiswal Trading Corporation, Seoni, subsequently added as defendant No. 2, @ Rs. 8,839. 60 p. per wagon. The relative documents including the railway receipts were accordingly sent through the Bank for collection of the money from the concerned party. The defendant-Railway Administration, however, delivered all the consignments to defendant No. 2 on the basis of indemnity bonds without presentation of the railway receipts. Since defendant No. 2 did not retire the documents from