( 1 ) THIS is a plaintiffs appeal arising out of a suit for the recovery of Rs. 16,220-14-6.

( 2 ) THE plaintiff despatched 43 silk saris from Kashi railway station to Howrah railway station on 5-10-1945. The plaintiff was the consignor as well as the consignee. The saries were loaded in a passenger train known as the 14 Down Upper India Express, and a partner of the plaintiffs firm, by name Raghunath Prasad, went in the same train by which the saris were despatched. This parcel was found missing at Howrah and was not delivered to Raghunath Prasad at Howrah after the arrival of the train at that station. There was a lengthy correspondence after this but the parcel was not delivered at all. Hence the suit.

( 3 ) THE plaintiff claimed us. 14,278-1-3 as price of the 43 saris despatched by him, RS. 1,289-11-3 as interest on the above amount at Rs. 9 per cent. and RS. 653-9-3 as expenses incurred in coming and going to Calcutta in connection with the steps taken for obtaining delivery of the saris.

( 4 ) THE plaintiffs case was that the saris were not of a description which required to be declared and insured according to the provisions of Section 75, Railways Act, and th