B.M. Lal, J.

1. This is defendant's appeal under Section 96 of the Civil Procedure Code challenging the judgment and decree dated 30.9.1985 passed by Mr. K.K. Saxena, IT Addl. Distt. Judge, Bilaspur, in Civil Suit No. 3-B of 1984, between the parties Mahalaxmi Oil and Dal Mill v. Union of India.

2. Respondent M/s. Mahalaxmi Oil and Dal Mill brought an action against the appellant for realising Rs. 21,000/- towards damages and interest at the rate of 12 per cent per annum from the date of filing the suit till realisation.

3. In short the case of the respondent/ plaintiff was that on 17.11.1977 M/s. Lalchand Gangasahai booked a consignment of 423 kattas jaggery weighing about 211 quintals 50 kg., each katta about 50 kg., from Tataganj, Meerut City on the Northern Railways to Akaltara railway station, Tehsil Janjgir, Distt. Bilaspur. This Akaltara railway station is situated on the South-Eastern Railway. The said consignment has been booked by M/s. Lalchand Gangasahai at the instance of the plaintiff and as such consignor M/s. Lalchand Gangasahai, while booking the said consignment for Akaltara, despatched the railway receipt to the plaintiff. As such the plaintiff became the own