( 1 ) THIS is a revision by the defendant Union of India through the General managers, Central Railway and Western Railway from the judgment and decree dated December 13, 1971 by the Second Additional District Judge, Gwalior exercising the powers of a Small Court whereby the plaintiff non-petitioner's suit was decreed for Rs. 163. 33 P.

( 2 ) THE plaintiff's case is that nine bundles of tobacco were booked from Pedla railway Station on 20-3-1969 for delivery to the plaintiff at Gwalior Railway station. But all the 9 bundles of tobacco were found damaged when they were unloaded at Gwalior Railway Station. The plaintiff's allegation is that the tobacco was discoloured and had become wot on account of rains and moisture with the result that it became unfit for human consumption. It was pleaded that tobacco had been damaged on account of negligence and misconduct of the defendant Railway and its employees. Consequently, after serving notice under section 80, C. P. C. and Section 78 of the Railways Act the plaintiff filed the present suit for damages assessed at Rs. 504. 58 P. The defendant denied the plaintiff's claim and pleaded that the goods had not been damaged due