JUDGMENT : These are two connected appeals which arise out of a suit filed by the plaintiff Ramji Lal against the first two defendants viz. Dominion of India through the Secretary, Central Government (Post and Telegraph Department), New Delhi and the Dominion of India through the General Manager, E.I.R. Calcutta, and the third defendant Firm Ananda and Co.

2. It was alleged that the plaintiff had sent ten harmoniums worth Rs. 950/- for defendant No. 3 from Aligarh to Howrah per P.W.B. No. 024768 on 15-24949 (weight 3 Mds. 20 Seers - 10 cases, Railway freight to pay Rs. 34/15/-). The railway receipt was endorsed by the plaintiff in favour of defendant No. 3 and was despatched by a V.P. Letter for Rs. 950/- addressed to the third defendant on 18-2-1949. The said V.P. Letter was not delivered to the third defendant in the normal course but was tampered with and was cut open and the railway receipt was taken out from it, and, subsequently, the envelope was given back to the plaintiff in a damaged condition by open delivery on 18-6-1949 without the aforesaid railway receipt. The plaintiff was subsequently informed by the railway administration that the consignment in question wa