Kuber Nath Srivastava, J. - (1.) This is an appeal by the unsuccessful plaintiffs, arising out of the following facts: The plaintiffs consigned 220 bags of Juar, weighing 550 Maunds at Mauranipur, a railway station situated on the Central Rly., for being carried to Madurai on Southern Rly. This consignment was booked on 20 -12 -1956. There was an endorsement on the R/R that the delivery of the consignment was to be given to Vora & Co., respondent No. 2, who was the Commission Agent of the plaintiffs. When the goods reached Madurai the same were found damaged. According to the plaintiffs, the damage had been caused to the goods due to misconduct and negligence on the part of the Rly. Admn. Notices u/S. 77 of the Indian Railways Act and S. 80 CPC were sent by the plaintiffs. The Rly. Admn. assessed the damage at Rs. 4400/ -. Thereupon an amount of Rs. 889/ - was offered to the Vora & Co. by the Rly. Admn. in discharge of the liability, which was accepted by Vora & Co. The plaintiffs contended that Vora & Co. had no right to accept the amount referred to above, and hence the suit for damages. The suit was contested on various grounds and, inter alia, it was pleaded that Vora & Co. being the Commission Agent of the plaintiffs had a right to give a discharge of the claim and, therefore, the plaintiffs had no right to sue.
(2.) This contention of the Rly. Admn. found favour with the trial court and the lower appellate court, with the result that the suit was dismissed by the trial court and the appeal against that judgment and decree filed by the plaintiffs was dismissed by the lower appellate court. Hence, this Second Appeal.
(3.) The main question for decision in this appeal is as to whether Vora & Co. had a right to give full discharge of the claim. The fact that Vora & Co. was the Commission Agent of the plaintiffs and the fact that the R/R was endorsed in favour of Vora & Co. are admitted by the plaintiffs. The only fact that Vora & Co. was the Commission Agent of the plaintiffs would entitle, the Vora & Co. to give a full discharge of the claim.;