( 1 ) THIS is an appeal by the plaintiff from the judgment and decree dismissing his suit for compensation, in respect of a consignment belonging to him, of a boiler and attached parts, carried by the Railway from Kanpur to Sehore, parts of which on arrival were found to have got broken, and parts missing. The questions for decision at this stage are,

(i) Whether the suit was bad, (a) for non-compliance with the provisions of Section 77, railways Act, the claim being preferred in writing more than after six months from the date of delivery of the goods for carriage; (b) for non-joinder, as party, either of the two railway administrations i. e. Northern Railway administration to which the goods were delivered by the consignor and the Central railway administration over which the goods had to be carried during the latter part of the transport; (c) for limitation under Article 30, and the effect, if any, of the defendant's not having pleaded that the suit had been filed beyond the one year period from the date of the plaintiff's knowledge of the breakage and loss of parts. (ii) Whether the plaintiff has ostensibly discharged the burden of proof on the negligence or miscond