( 1 ) HEARD Sri Vinod Mishra for the appellant and Sri Vinod Swarup for the respondents Nos. 1 and 2.

( 2 ) THE brief facts of the case are that the defendant No. 2 (3?) booked nine wagons of wheat from bombay through the defendants Nos. 1 and 2 and the plaintiff was the consignee. The goods were received in partly damaged stage. Out of nine wagons, four wagons were found to be partly damaged and there was also shortage. The suit was filed for damages.

( 3 ) A written statement was filed by the defendants Nos. 1 and 2 alleging that the goods were not in a rotten stage when delivered and several other pleas. The defendant No. 3 filed a written statement alleging that the goods when despatched by it were in perfect and sound condition and it was not liable for any loss or damages.

( 4 ) THE trial court decreed the suit holding that the defendants Nos. 1 and 2 were responsible for the damages due to wetting and loss in weight.

( 5 ) AN appeal was filed by the Railway Administration which has been partly allowed by the court below. The court below upheld the decree for the price of the goods found missing i. e. for the shortage amounting to Rs. 1074-15, but dismissed th