Sinha, J.

1. This is an appeal on behalf of the defendants 1st party to an action for recovery of a sum of Rs. 1300.00 with interest and costs amounting to Rs. 1,494/- in the following circumstances. The defendant 2nd party to the action, namely, Messers Banwari Lal Shri Ram, Kirana Merchants and Commission Agents, who were the commission agents of the plaintiff at Delhi, remitted a sum of Rs. 1300.00 in Government currency notes in an insured cover on 8-11-1948, to the plaintiff by his Darbhanga address. The insured cover reached Darbhanga post office on 11th November, and the post office sent an intimation to the plaintiff on 12th November to take delivery of the insured cover. The plaintiff, therefore, went to the past office on 15-11-1948 for taking delivery of the insured letter, but, he was informed that the letter in question was missing. Notice under Section 80, Civil P. C. was served on the Dominion of India, defendant 1, as also on the Post Master General, Bihar, defendant 2 by the plaintiff. As no payment was made in spite of service of notices, the suit had to be brought.

2. Defendant 1, the Dominion of India, filed a written statement stating that the plaintiff