D.M. Dharmadhikari, J. -- 1. This appeal under section 96 of the Code of Civil Procedure, filed by the Railway administration, represented through the appellant Union of India, challenges the judgment and decree dated 18.10.1985, whereby the claim of the respondent, has been accepted to the extent of Rs.12,250/-, towards loss occasioned to the respondent for delayed delivery of his goods consigned to the railway for transport.

2. Admittedly, the plaintiff respondent had booked 120 quintals of batri pulses from Jabalpur to Shalimar on 19.11.1978. The goods were carried to Shalimar and were delivered to M/s. Shewlal Durga Prasad who was the endorsed consignee and commission agent for dealing in the goods on behalf of the respondent. According to the plaintiff, the normal period of transit of goods was ten days and the goods were delivered as late as on 14.1.1979 at Shalimar. By that time market price of the goods had considerably fallen down and the plaintiff was required to sell the goods at a lesser price. He thus suffered loss and claimed the same in the sum of Rs.21,000/-, being the difference of price of the goods at Jabalpur and Shalimar. The trial Court accepted the c