1. This appeal takes an exception to the Judgment and Order dated 12.01.2016 passed by City Civil Court, Mumbai in Suit No. 8497 of 1995.

2. The brief facts of the appeal can be stated as follows:

The appellant herein has filed the instant suit for the relief of declaration and injunction. The declaration sought was in respect of the various shares of respondent-company which came to be lost in the process of transit. It is submitted that the appellant has purchased 2200 shares of respondent No.1 from their brokers M/s. Raj Chawla & Co., having their office at New Delhi, under the purchase bill No.7797 dated 20.01.1995. The said shares along with blank transfer forms duly signed by the transferor were dispatched by the brokers to the appellant at Mumbai on 23.01.1995 under the airway bill No.603032720, through courier service namely, M/s. Elbee Services Ltd. As per the case of the appellant, before the receipt of the delivery of the said shares with the duly signed transfer forms by the appellant, the same were lost in transit from the head office of Elbee Services Ltd., Mumbai. Accordingly M/s. Elbee Services Ltd. has also lodged complaint with the police on 31.01.1995 and