( 1 ) THIS is a suit filed in August 1968 for recovery of damages of Rs. 29,333. 42 for non-delivery of goods by the defendants, a decree for the said sum against the defendants in favour of the plaintiff or an enquiry into the damages and decree for the sum found due to the plaintiff against the defendants, interest and costs etc.

( 2 ) THE defendant No. 1 was a common carrier and used to carry goods by inland navigation for reward. The defendant No. 1 received 4 bales of Mill made cotton cloth weighing 763 kilograms on 13-8-65, 4 bales of Mill made cotton cloth weighing 5 quintals and 98 kilograms on 14-8-65 and one bale of Mill made cotton cloth on 28-8-65 weighing one quintal 38 kilograms from the plaintiff on board the vessel 'perim' for carriage to Silchar in Assam and issued invoices No. 1529r Rt. No. 21, No. 1587 R. Rt. No. 14 and 2091 R. Rt. No. 21 and the forwarding notes Nos. 782 dated 13-8-65, 676 dated 14-8-65 and 445 dated 28-8-65 in respect of the same goods and agreed to deliver the goods to the plaintiff on order. At all material times, the plaintiff was and still is the owner of the said goods. It is alleged in the plaint that the defendant