K.C.SEN, J. - (1.) THESE two appeals arise from one judgment and two decrees passed by the learned Subordinate Judge, 8th Court, Alipore, in Money Suits Nos. 21 and 22 of 1952.
(2.) THE plaintiff, Cooch -Behar Commercial Company, brought the aforesaid suits for recovery of Rs. 5456/9/ - and Rs. 5681/2/6 pies respectively from the defendant, viz., the Union of India, representing the Eastern Railway. It is alleged in money suit No. 21 of 1952 that on the 27th July 1948, the East Indian Railway accepted at Sealdah Station 5 bales of cotton piece -goods to be safely and securely carried to and delivered at Siliguri Railway Station. The consignee was the Civil Supplies Commissioner, Coochbehar and the Railway receipt 912608 was duly endorsed in favour of the plaintiff by the consignee. It was alleged that out of the 5 bales covered by the Railway receipts only two bales were delivered to the plaintiff. The remaining three bales were not delivered. Accordingly, it is stated that the Railway administration misconducted themselves in respect thereof and the remaining three bales were not delivered to the plaintiff on account of negligence. The same allegations have been made in money suit No. 22 of 1958 regarding misconductand negligence on the ground that 4 bales of cotton piece goods covered by the railway receipt No. 912844 were not at all delivered to the plain -tiff.
(3.) IN the written statement, filed by the Union of India, it was alleged that the plaintiff had no title to the goods in dispute and as the consignments were covered by Kisk Notes A and B, the Kailway Administration was not liable lor the loss. Furthermore, it was stated that there was no misconduct on the part of the Railway Administration with respect to the said consignments in dispute. The Siliguri Kailway Station and a portion ot the route traversed by the consignments in suits were under the management of the Eastern Bengal Kailway owned by the Dominion of Pakistan. It is stated that the alleged short -delivery, loss or damage did not occur on the Eastern Railway, nor was the said Railway concerned in any way with the delivery of the said good' at the destination station which was owned by the administration ol the Eastern Bengal Railway. At material times, however, the Eastern Railway took all reasonable and proper care tor the due security of the said goods, prior to its making over of the same to the Eastern Bengal Kailway. In the circumstances, it is stated what the defendant is not at all liable.;