JUDGMENT :- This is a plaintiff's second appeal arising out of a suit for the recovery of Rs. 670/12/6 claimed as price of 90 bags of cement plus Rs. 42/12/3 claimed as interest. On 8-5-1954 two consignments of cement bags of 585 bags and 530 bags respectively were booked from Taliayathu, Madras, Railway Station on the Southern Railway for being delivered to the consignee at Gonda which is a railway station on the N. E. Railway. These two consignments were delivered to the consignee, viz., the plaintiff-appellant in three instalments : The first instalment of 495 bags was delivered on 19-6-1954, the second of 285 bags on 22-6-1954 and the third of 245 bags on 2-8-1954. Thus the delivery was short by 90 bags. It is in these circumstances that after serving notices as required by section 77 of the Indian Railways Act and Section 80 of the Code of Civil Procedure the plaintiff-appellant filed this suit against the Union of India through the general Manager, N. E. Railway,

Gorakhpur, for the amount mentioned above.

2. The main plea on which the claim was contested was that in view of the provisions of section 80 of the Railways Act no liability for short delivery could be fastened on the

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