JUDGMENT

1. This is a plaintiff's appeal arising out of a suit for recovery of damages for non-delivery of goods.

2. On the 28th August, 1918, the plaintiff purchased sertain bales of cloth at Bombay which his commission agents made over to the G. I. P. Railway for transmission to Chunar, which is on the E.I. Railway line, and duly obtained a Railway receipt for it. The goods, however, never reached Chunar. Hence the claim.

3. Both the Railway Companies pleaded the bar of limitation, and both tried to throw the responsibility on the other. The G. I. P. Railway Company asserted that the goods were handed over to the E. I. Railway, at Manikpur junction, while the E. I. Railway Company denied having received the goods at all. At the trial no dispute was raised as to the amount of damages claimed, nor was any issue Struck on the point

4. Both the Courts below have found that the plaintiff has not yet received the goods and has suffered loss; and further that the plea raised by the E.I. Railway Company that they never received the goods, was incorrect, and that in fact the goods did arrive at Allahabad but owing to a mistake made by the Goods Clerk, they were dispatched to Chupra instead of