BISHAMBHAR DAYAL, C. J.

( 1 ) THIS is a revision against the judgment of the Court of Small Causes dismissing the plaintiff's suit against the Union of India representing the general Manager, south Eastern Railway. The facts are not in dispute. The plaintiff consigned certain goods on 15th July, 1968 from a station on the Western Railway. The goods were to pass through the Central Railway and were to be delivered at a station on the south Eastern Railway. When the goods reached the destination station on 25th july, 1968 they were delivered the same day. But 63 bags were found damaged and one bag was found torn and short in weight. The plaintiff has claimed a loss of rs. 642. 10 against the railway of the destination station. The Court below has found that the loss was due to negligence of Railway servants by supply of a leaking wagon and the suit would have been decreed but for the fact that the court below was of opinion that the suit could not be decreed against the South eastern Railway as the negligence due to which the loss occurred was of the western Railway which supplied a leaking wagon. The Court has not found where the rains occurred and on which railway the loss might ha

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