JUDGMENT:- This is a defendant's appeal against the judgment and decree dated 25-9-1965 of the II Addl. Civil Judge, Agra in Civil Appeal No. 245 of 1965 reversing the decree of the Munsif, Agra dated 31-3-1965 in original suit No. 547 of 1962.

2. The plaintiff had brought a suit for recovery of a sum of Rs. 3,183/- as value of the goods short delivered, Rs. 1,000/- as damages for deterioration in quality and Rs. 270/- as interest. The plaintiff had booked one consignment of mustard oil on 9-10-1961 in one tank wagon containing 186 quintals and 45 kg. for carriage to Kulpighat from Jamuna Bridge, Agra. When the wagon reached the destination, it was discovered that its original seals, lables and the iron rings were broken and subsequently its contents were transhipped to another wagon of sweet-oil. The plaintiff thereupon took delivery of the goods after weighing and it was found that it was short by 15 quintals 45 kg. of oil. The plaintiff also alleged that the quality of the oil was materially affected by transhipping it to another wagon of sweet oil. So he claimed damages of Rs. 1,000/- on this account. It appears that the sample of the oil was sent to the public analyst but no de

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