ORDER : This is a revision under S. 115, C.P.C. by Sahu Vanaspati Traders, Amroha Gate, Moradabad, plaintiff, against the order of the Additional District Judge of Moradabad, dismissing their revision under S. 25 of the Provincial Small Cause Courts Act and thereby maintaining the decree of the judge Small Cause Court whereby the plaintiff's suit was dismissed with costs.

2. On 10-2-1959 Messrs. Patel Bhra Bhai Jutha Bhai and Co., Rajkot, had consigned 320 tins of ground nut oil, the consignment having been booked at Bantava railway station for Moradabad City. The railway receipt was endorsed in favour of the plaintiff, who became the owner of the consignment. The consignment was loaded by the agent of the consignor and was to be unloaded by the consignor or by the endorsee. At the time of the delivery it was noticed that 19 tins had been damaged and the total loss was valued at Rs. 92. The plaintiff therefore claimed a decree for Rs. 110, including Rs. 8 towards Beejak expenses and freight and Rs. 10 towards profits.

3. Both Bantava and Moradabad City railway stations are situated on metre gauge and the consignment could be carried without transhipment, via Hathras, Bareilly and Kas

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