JUDGMENT

Mukerji, J. - This is an application in revision against the decree of the Judge, Small Cause Court and arises under the following circumstances. The applicant firm indented some rice from a place called Burdaura served by the B.N. Ry. The goods were consigned to where the applicant lived namely Deoria in the District of Gorakhpur. Unluckily, the railway receipt was made out to show that the goods were sent to a place called Jalalpur. In spite of this fact, a part of the consignment arrived at Deoria, nobody could tell how, on 14th April 1927. It was not till 8th May 1927 that the remaining portion of the consignment was received in Deoria and handed over to the plaintiff. The plaintiff-applicant, thereupon, brought his suit out of which this application has arisen to recover certain amounts of money including a sum of Rs. 230 as damages. The claim for damages was based on the allegation that by the time the goods arrived, the market for the goods (rice) fell and the plaintiff suffered a loss. The claim on the point was met on two grounds, namely there was in fact no loss, there being no fall in the market value and that, in any case, the plaintiff was bound to give a notic