( 1 ) THE present suit has been filed for recovery of Rs. 3,39,522. 39 against the defendants.

( 2 ) THE plaintiffs have been carrying on business in brass art-wares in shop No. 96, Municipal Market, Janpath, New Delhi, under the name and style of plaintiff No. 2. Defendants, a partnership firm, are carrying on business as clearing, forwarding and shipping agents. The facts leading to the filing of the suit are enumerated in paragraphs 2,3,4 and 5 of the plaint which may be reproduced as follows:

"2. That the partner of the defendant firm visited the shop of the plaintiff s firm at 96, Municipal Market, Janpath, New Delhi. He agreed to accept the consignment of Brass Art-wares for transportation to Baltimore, U. S. A. , for Messrs Amin Merchants at 619, Mississipi Avenue, Silver Springs, MD. , U. S. A. The purchasers, Messrs Amin Merchants ordered the goods for sale on the eve of Christmas in 1983. The goods were thus to reach them before Christmas in the said year. The defendant instructed the plaintiff to deliver the consignment to Messrs Jaipur Golden Transport Company at Kamla Market, Ajmeri Gate, Delhi. The plaintiff firm delivered the goods to Messrs Jaipur Gol