ORDER :- This is an appeal by the unsuccessful plaintiff, arising out of the following facts:

2. The plaintiff is a registered firm carrying on wholesale business in fruits at Meerut. This firm booked a number of consignments on two different dates, namely, 6-7-1961 and 17-7-1961, from Meerut to Bombay. These consignments reached their destination in damaged condition. According to the plaintiff, the damage was caused due to carelessness and negligence of the railway employees. The plaintiff filed the suit for the recovery of Rupees 3984.68 Paisa as damages, after serving notices under Section 77 of the Indian Railways Act and Section 80, C.P.C.

3. The suit was contested on various grounds and, inter alia, it was pleaded that there was no negligence and carelessness on the part of the railway employees, and that the damage was caused due to the defective packing of the mangoes which were consigned from Meerut to Bombay.

4. The trial court decreed the suit for the recovery of Rs.3364.36 Paisa with proportionate costs, holding that the damage was due to the negligence of the railway employees. The defendant filed an appeal. The lower appellate court held that the packing of the mangoes

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