ORDER :- The defendant railway is the petitioner in this Civil Revision directed against the judgment of the S.C.C. Judge, Berhampur, in S.C.C. Suit No. 120 of 1957 whereby the learned Judge decreed the plaintiffs suit for Rs. 373/- for alleged loss of some consignment of medicines stated to have been entrusted to the defendant railway at Howrah to be delivered to the plaintiff consignee at Berhampur, (Ganjam) on the South Eastern Railway.

2. The facts, shortly, are these : On August 20, 1956, the said consignment of medicine was booked at Howrah Station. Four days thereafter on August 24, 1956, delivery of the case containing the consignment was made at Berhampur. The weight of the goods as per railway receipt was stated to be 17 seers but the weight found at the time of delivery was 91/2 seers, that is to say, 71/2 seers short. Ext. 4, the shortage certificate, reads as follows :

"Case arrived in sound and intact condition and delivered under D/R. On demand reweighment found 9 1/2 seers against R/R weight 17 seers. Hence short weight only certified".

Thereafter, the plaintiff took the case home and opened it in the presence of P.Ws. 2 and 3. The basis of the plaintiffs claim in the