( 1. ) THIS revision under section 25 of the Small Cause Courts act is from a decree for Rs. 61 passed by the 1st Civil Judge, Class II, Seoni, exercising powers of a Small Cause Court.

( 2. ) ON October 27, 1967, one basket containing 15 kgs. of betel leaves was consigned from Golanthara Railway Station (South Eastern Railway) to seoni, same railway ). It actually reached Seoni on October 31, 1967. The plaintiffs case is that there was undue delay owing to which the betel leaves became rotton. He claimed Rs 61 as damages.

( 3. ) THE learned trial Judge held that the betel leaves, at the time of their booking, were in good condition. The defence to the contrary was not accepted by the Court. The evidence of Ghhedilal plaintiff (P. W. 1) was believed.

( 4. ) IN this revision it is contended for the defendant that the plaintiff did not prove any misconduct or negligence on the part of the railway administration without which a decree in favour of the plaintiff could not be passed. Reliance is placed on section 74 (3) of the Railways Act It is not in dispute that the goods were booked at the owners risk rate. Section 74 (3) enacts :-

"when any animals or goods are deemed to have