( 1 ) THIS first appeal has been filed by the defendants against the judgment and decree of the Additional District Judge, Mandla, in civil suit No. 3-B of 1951 decreeing the claim of the plaintiffs for Rs. 6,886/6/- and costs.

( 2 ) IT is not disputed that the firm of Keshrimal Shrikishan of Sangli had despatched to self a consignment of 62 bags of chillies weighing 62 maunds from Sangli railway station to Nainpur railway station on 14-12-1950. This consignment had not reached Nainpur till 6-7-1951, the date on which the present suit was filed.

( 3 ) THE case of the plaintiffs was that Keshrimal Shrikishan endorsed the railway receipt in their favour after a sum of Rs. 600/- and another sum of Rs. 5059/4/were paid to him for the value of the goods. As the consignment did not reach the plaintiffs they filed a suit for recovery of damages consisting of the amount paid, the price of empty bags and profits at the rate of 20 per cent.

( 4 ) THE defendants denied the endorsement of the railway receipt by Keshrimal shrikishan in favour of the plaintiffs and thus challenged their right to bring the suit. It was also pleaded on their behalf that notice under Section 77 of the Indian railwa

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