1. This is a defendant's second appeal against the judgement and decree passed by the Additional District Judge, Kanpur on 15-3-1971 in Civil Appeal No. 330 of 1966 affirming the decree of the plaintiff for recovery of Rs. 4335.55 passed by the II Civil Judge, Kanpur in O. S. No. 16 of 1964.

2. The plaintiff's case is that it booked a consignment of 341 bags of potatoes on 17-1-1962, for carriage and safe delivery at Bangalore City. The Railway Administration accepted the consignment and undertook to carry the goods and issued a railway receipt dated 17-1-1963. The consignment reached Bangalore on 10-2-1963, and instead of delivering the said consignment at the destination to the consignee the defendant auctioned the potatoes on 13-2-1963. The plaintiff alleged that the respondent caused abnormal delay in carrying the goods and also failed to disclose as to how the goods were dealt with during the course of transit, hence there is every reason to infer negligence and misconduct on the part of the defendant.
It was also alleged that the auction was done in a hasty manner without giving any valid notice to the plaintiff. The defendant contested the suit on the grounds that no claim und