( 1 ) APPELLANT is the plaintiff. The appellant/plaintiff filed O. S. 1337/1980 on the file of the Court of the 1st Additional Judge, City Civil Court, Hyderabad for recovery of Rs. 17,310/- with interest at 18% per annum from the defendants 1 to 3.

( 2 ) THE learned trial Judge by his judgment and decree dt. 3-11-1983 decreed the suit only against the defendants 1 and 2 and dismissed the suit as against the defendant No. 3. The defendants 1 and 2 remained exparte before the trial Court. The judgment and decree of the trial Court in so far it decreed the suit as against the defendants 1 and 2 became final in the absence of any challenge by the defendant Nos. 1 and 2. Hence, this appeal is by the plaintiff against the judgment and decree, referred to above, passed by the trial Court only in so far it dismissed the suit as against the defendant No. 3. The defendant No. 3 is the respondent in this appeal.

( 3 ) THE plaintiff s case is as follows:- The plaintiff is a company registered under the provisions of the Indian Companies Act and has its registered office at Calcutta. The plaintiff is a carrier. It is pleaded that the plaintiff in its own right and in its own acc