44. Where in consequence of any misstatement made in any document made, served or lodged under Part II or III or this Part a person has suffered loss, the person who made the misstatement is liable to damages in respect of the misstatement notwithstanding that the misstatement was not made fraudulently, unless he proves that he had reasonable ground to believe and did believe up to the time of payment of the redemption money or other sum in question, or the time of any other act done under that Part, that the facts represented were true.