( 1 ) THIS is an appeal by the defendants against the judgment and decree or Shri D. M. Aney, Second Civil Judge, First Class, Jabalpur in Civil Suit No. 21-B of 1952 decided on 7-2-1955.

( 2 ) THE respondent was the consignee of 751 cigarette cases booked from chandisthan Railway Siding on 1-5-1950 to be delivered at Jabalpur at 'railway risk', On 18-5-1950, 68 cases were delivered to the plaintiff. One case was subsequently delivered on 9-4-1951 in a partly damaged condition. The parties mutually assessed the damage of the said case at Rs. 966-7-0. The respondent filed this suit on 2-7-1951 claiming an amount of Rs. 9,314-13-0 on account of the price of the six un-delivered cases and the value of the loss in the damaged case. In addition, the plaintiff claimed interest at Rs. 639-6-0. The trial Court decreed the principal claim and disallowed the claim for interest.

( 3 ) IN the present appeal we ore not concerned with the pleas raised in defence. The learned counsel for the appellants gave up other grounds and concentrated his arguments on the grounds which are herewith dealt with.

( 4 ) IT was urged by the learned counsel for the appellants that the plaint was no