JUDGMENT - Patel, J.

1. The question in this case is whether the respondents were common carriers and liable as such in respect of the goods belonging to the plaintiff and which they were carrying from Nagpur to Pusad. The goods were despatched on 21st April 1949 from Nagpur and were to be delivered to one Vinayakrao Patil of Pusad. The plaintiff alleged that he had expressly declared the value and the description of the goods at the time of delivery to the defendants. On the way the goods were burnt to ashes and hence the plaintiff filed the present suit for recovery of the value of the goods (they were all pieces of furniture) on the basis of a contract to reimburse and also on the basis that the defendants were common carriers.

2. Defendant No. 1 contended that there was no negligence on his part, that the truck was operated by gas plant, and the days being summer days, the goods were destroyed by fire due to some accident, and that there was no negligence on his part. He also denied that they were common carriers. The defendant No. 2 contended that he had already transferred the truck to defendant No. 1 and was not therefore responsible.

3. The suit failed in the trial Court bu

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