JUDGMENT Daniels, J. - This is a second appeal in a case in which a claim against the Railway Company in respect of certain goods consigned to them, has been decreed. The lower Court, following the case of Ghelabai Punsi v. East Indian Railway Co. AIR 1821 Bom. 443 has held that it lay, in the first instance, on the Railway to prove the loss of the goods. The Railway tea-dared certain evidence to prove this which the Court below has rejected. The Court below therefore, held that the Railway was not protected by the risk-note B signed by the plaintiff. The learned Counsel for the Railway first contends that we should not follow the ruling of Ghelabhai Punsi v. East Indian Railway Co. AIR 1821 Bom. 443. That ruling has, however, been followed by this Court in a number of cases of which we may instance Badri Prasad Vs. G.I.P. Railway and East Indian Railway Company Vs. Firm Kishin Lal Tirkhamal It has also been followed by the Patna High Court in The Great Indian Peninsular Railway Company Vs. Jitan Ram Nirmal Ram, AIR 1923 Patna 285 2. It is next contended that the loss of the goods was admitted by the plaintiff in his plaint. We agree with the Court below that there is no such admission. 3. The appeal, therefore, fails. We accordingly dismiss it with costs including in this Court fees on the higher scale.