JUDGMENT

1. This is a suit brought by Lachmi Moolchand, a trader of Agra, against the Bengal and North Western Railway, in the Court of the Subordinate Judge of Aligarh, for Rs. 2,060, damages for the loos or non delivery of 113 bags of chillies consigned to him by a trading firm of the name of Bharose Potdar of Darbhanga District. The latter firm were joined as defendants together with the Rohilkhand and Kumaun Railway, but both these defendants obtained judgment in their favour in the Trial Court.

2. The cause of action alleged in the plaint was that the defendant's servant negligently pointed out the wrong bags at the destination of the consignment, and that the consignment was thus not delivered. It is not alleged to whom this demonstration was made, nor to whom the consignment was in fact delivered, but the breach of duty is alleged to have taken place on the 22nd of May. The Subordinate Judge dismissed the suit. The Distrust Judge, treating it as an action for non-delivery, held that the defendants were liable and remanded the suit for the amount of damages to be ascertained. Against this order an appeal has been brought to the High Court The learned District Judge Bays truly t