MUKERJI, J.

( 1 ) THIS is a plaintiffs application in revision arising out of a suit filed in the Court of Small causes at Allahabad for the recovery of a sum of Rs. 285/13/6 as damages for the loss of seven packages of betel leaves which had been consigned from railway station Dan-ton to Allahabad. The consignment was despatched on 5-5-1947, and the plaintiff was the-consignee of ten packages, which were the number of packages, that had been despatched to him from Danton. In the usual course the packages were expected at Allahabad but when delivery was sought of the consignment only three packages out of a total of ten were delivered. Delivery of these three packages was taken by a person called Beni Prasad who happens to be a party to this revision also, as opposite party No. 2. It appears that Beni Prasad was a sort of an agent on behalf of the plaintiff to take delivery of his consignments. It appears further that Beni Prasad deeming himself competent to lay a claim for the non-delivery of the seven packages laid a claim against the railway for damages. The railway compromised the claim with Beni Prasad for a sum of Rs. 154/, and a "pay order" was actually drawn up bearing the