Newaskar, J. - (1.)THIS second appeal arises out of a suit brought by plaintiff Erachshaw Kerawalla of South Tukoganj Indore for the recovery of Rs. 4491 -13 -0 against Governor General in Council, representing the B. B. & C. I. Railway Co. in the Court of Additional District Judge Railway Lands in Central India.
(2.)THE suit was initially decreed by the trial court on 28 -9 -1946. An appeal preferred against this decision was heard by Mehta J. of this Court after the formation of Madhya Bharat State. He allowed the appeal preferred by the defendant and dismissed the plaintiff's suit with costs throughout.
Plaintiff has now preferred this second appeal.

(3.)THE allegations of the plaintiff are that on 26 -6 -1943 M/s. Eastern Chemical Company Ltd., Bombay booked ten carboys of Hydrochloric acid and five carboys of Nitric acid under R/R No. 10967 and ten carboys of Nitric Acid under R/R No. 10968 from Dadar (Bombay) by the B. B. & C. I. Railway to be carried to Indore Railway Station. These carboys of acid were, according to plaintiff, purchased by him and the same were consigned in his name as the consignee by the Eastern Chemical Co. Ltd., who, having obtained the railway receipt aforesaid from Railway Company, forwarded the same to the plaintiff, that when the consignment reached Indore it was found that the carboys were broken and empty and the plaintiff therefore could not take the delivery of the goods; that this resulted in a loss to the plaintiff amounting to Rs. 4491 -13 -0 as detailed in Para. No. 3 of the plaint; that this loss to the plaintiff occurred due to the misconduct of the servants of B. B. & C. I. Railway administration while the consignments were in the course of transit. The plaintiff held Governor General in Council liable as the said Railway Company was owned by the Government of India.
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