Wali Ullah, J. - (1.) This is an application in revision under Section 23, Small Cause Courts Act, filed by the plaintiff whose claim has been dismissed by the Court below.
(2.) A consignment of nine bags of tobacco weighing 12 maunds and 4 seers was dispatched from Farrukhabad to Belanganj (Agra) under Risk Note Form A. On arrival at the destination when delivery of the consignment was made it was found that eight out of the nine bags which constituted the consignment were intact but one bag was found cut and resewn. On being reweighed the bag which was found cut was found short in weight by 29 seers. On these facts the consignee, who is the plaintiff, sued the opposite party for damages.
(3.) The claim was contested by the opposite party on the ground that the bags in which the consignment was despatched were old and repaired and sewing was defective and that consequently loss occurred. But the opposite party was protected from all responsibility by the Risk Note Form A under which the goods were consigned. It was, however, admitted that at the time of delivery one bag was found "slack" and on reweighment was found short in weight by 29 seers. This shortage was attributed to defective condition of the packing. The learned Judge of the Small Cause Court framed one single issue to this effect : "Is the railway liable for the loss?";