( 1 ) THE plaintiff-respondents in or about June 1982 instituted a suit against the defendant-appellant for a decree for Rs. 87, 266. 84 in favour of the plaintiff 1 or the plaintiff 2 (i. e. , the respondents before us); in the alternative, enquiry into the compensation payable by the defendant (i. e. , the appellant before us) to the plaintiffs for the loss and damages suffered and decree for the sum so found due on such Enquiry, Receiver, Costs etc. The fact of the case is that on or about Sept. 8, 1980 the plaintiff No. 2, Kesoram Industries and Cotton Mills Ltd. , delivered to the defendant at Tribeni 72 cases, stated to have contained Viscose Rayon Yarn, for carriage and delivery to the plaintiff to Kesoram Industries and Cotton Mills Ltd. at Amritsar. The defendant accepted the said goods for carriage. On Sept. I3, ' 1980 the truck carrying the said goods met with an accident, as a result of which some of the goods were damaged. On Jan. 12, 1981 the plaintiff No. 2 lodged a claim for Rs. 79, 578. 13 with the defendant. The defendant, however, by a letter dt. Jan. 17, 1981 repudiated the claim of the plaintiff No. 2 and requested the said plaintiff to realise th