R. S. BACHAWAT, J. :- This appeal arises out of a suit in which the plaintiff seeks to recover from the defendant firm the sum of Rs. 12,220/- as damages for breach of its duty as common carrier to deliver 45 bales of jute entrusted to it for carriage, alternatively as damages for conversion of the goods. By his declaration in the plaint the plaintiff states that on the 29th of January, 1952 he delivered to the defendant 45 bales of jute for transport from the Calcutta Hydraulic Press Ghat at Cossipore to Howrah Jute Mills Ltd. and safe delivery thereof to Howrah Jute Mills Ltd. for reward and that the said 45 bales of jute were accepted by the defendant for carriage and safe delivery as aforesaid and were duly loaded on the defendants vehicle No. WBL 4327." By its defence the defendant denied that it was a common carrier. It also denied delivery and entrustment of the goods to it by the plaintiff. The defendant firm alleged that it only let out to the plaintiff on hire the vehicle No. WBL 4327 and provided the plaintiff with a driver, that the said vehicle and the driver thereof were under the full control, custody and supervision of the plaintiff and that the 45 bales of