( 1 ) THIS is a Letters Patent appeal from a decision of Tare J. By that decision the learned Single Judge reversing the judgments of the Courts below remitted the plaintiff-respondent's suit praying for a decree for Rs. 484/11/3 against the appellant for further trial.

( 2 ) BRIEFLY stated the plaintiff's case was that eight bales of cloth were consigned to him by Messrs Bachharaj Amolakchand of Nagpur from Nagpur to Itarsi on 3rd january 1947; that on 18th January 1947 seven of these bates were delivered but one was not delivered as it was said to have been stolen; that subsequently a case of theft in respect of the bale was registered against one Dwarkaprasad who was tried and convicted for the offence of theft; that the baie was also recovered from dwarkaprasad and during the course of the criminal trial was handed over by the court to the A. D. C. I. , Bhopal; and that it was in the month of November 1952 that the plaintiff came to know for the first time thai the bale had been delivered to the A. D. C. I. , Bhopal. Tile further averment of the plaintiff was that after the receipt of the bale by the a. D. C. I. , Bhopal, the railway administration became a trustee