Judgement

MOHAPATRA, J. :- This is a First Appeal by the plaintiff against the judgment and decree dated 13-5-1949 of Sri B.K. Patra, Subordinate Judge of Puri, dismissing the plaintiffs suit for recovery of a sum of Rs. 5633/- as damages on account of the injuries to the goods deliverable to the plaintiff at Sakhigopal, a station on the B. N. Railway. Defendant 1 is the Union of India representing the former East Indian and Bengal Nagpur Railways, and defendants 2 and 3 are the General Managers of Bengal Nagpur and East Indian Railways respectively.

The plaintiff purchased 147 baskets of red potato seeds from Patna Ghat station and consigned the same on 31-10-1946 from Patna Ghat station on the E. I. Railway to be delivered to him at Sakhigopal. The consignment was delivered to the plaintiff on 21-11-1946, while the usual time taken for transit from Patna Ghat station to Sakhigopal was not more than 11 or 12 days.

On taking delivery of the goods the plaintiff found the potato seeds in thoroughly rotten condition and therefore obtained a certificate from the Assistant Commercial Inspector of the B. N. Railway Administration to the effect that sixty five per cent of the goods had been