( 1 ) THIS is an appeal by the defendant representing the Eastern Railway, the central Railway and the Northern Railway, against the judgment and decree passed by Shri G. G. Bhojraj, Civil Judge Class I, Chhindwara in Civil Suit No, 1-B of 1951, decided on 30-7-1954, decreeing the respondent's claim for Rs. 5488/12/ -.

( 2 ) ON 11-3-1950, the plaintiff-respondent delivered a consignment of sawn timber at Chhindwara for delivery to self at New Delhi. The plaintiff alleged that he had merely authorised one Trilokinath to take the delivery of the consignment on his behalf at New Delhi. The consignment did not reach Delhi and was never delivered to the plaintiff. Therefore, he gave notices under Section 77 of the Rail-ways Act and Section 80 of the Civil Procedure Code and filed the present suit claiming Rs. 5752/ -.

( 3 ) THE defence was that the plaintiff had assigned his rights under the railway receipt to Trilokinath. As such, Trilokinath. being the owner, was alone entitled to maintain the suit. The defendant also denied the validity of notices, as also the quantum of damages claimed.

( 4 ) THE learned counsel for the appellant urged that the railway receipt, being