JUDGEMENT : This is a plaintiff's appeal against the decree of the First Additional Civil Judge, Banaras, whereby out of a claim of Rs. 6,436-14-0 only a sum of Rs. 2,939 was decreed and the rest was dismissed. The plaintiff has, therefore, filed the instant appeal about the balance of its claim.

2. There is no controversy about the facts in this case. The plaintiff-firm Deokishan Srigopal carried on whole-sale cloth business at Banaras and was also appointed as importer of cloth for the district of Banaras and in that capacity used to import cloth from places outside the Uttar Pradesh. The dispute relates to ten items of consignment which were booked from four places situate in the Bombay Presidency, which were served by the Great Indian Peninsula Railway and Bombay Baroda and Central India Railway, hereinafter called the G. I. P. R. and B. B. and C. I. R., respectively. Admittedly the destination station was Banaras situate on the East Indian Railway. There is also no dispute about non-delivery or short delivery of the ten consignments which are as follows :-

1 . Short delivery valued at Rs. 563-7-0.

2. (a) Non-delivery valued at Rs. 1,088-8-0.

2. (b) Short delivery valued at Rs. 82-

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