1. This first appeal arises out of a judgment and decree dt. 24-3-1979 passed by Shri R.P. Sinha, Additional Subordinate Judge, Ranchi in Money Suit No. 93/4 of 1971-78 whereby and whereunder the said learned Court dismissed the plaintiffs- appellants suit.

2. The plaintiffs-appellants filed the aforementioned suit for a decree for damages for a sum of Rs. 33,000.00 purporting to be on account of non-delivery of 15 bales of cotton yarn by the defendant. The aforementioned suit was filed by the plaintiffs on the ground that the plaintiff 2 carries on joint family business of which plaintiff No. 1 is the Karta and managing member thereof and they carry on business at Ranchi. Admittedly, the defendant is a common carrier carrying on business of transport of goods from one place to another on hire. The plaintiffs in their plaint alleged that on 22/23-11-1970 the plaintiff 1 delivered 15 bales of cotton yarn of count 17NF to the defendant at Gaya for carriage by motor transport to Ranchi. The defendant undertook to carry the said goods to Ranchi and made over the consignment note bearing No. 309 to the plaintiffs. The plaintiffs have further contended that in terms of the contra