( 1 ) APPELLANT a registered partnership firm having lost in the trial Court has come in appeal challenging the judgment and decree dated 30/06/1975 passed in Civil Suit No. 2321 of 1974 by the City Civil Court Ahmedabad Respondent-bank is the original defendant.

( 2 ) IN order to appreciate the rival contentions a few facts will need to be stated. Appellant had opened a pledge account with the respondent. Pledged bales of cloth belonging to the appellant were kept in a godown which belonged to the appellant but which was under the direct control and supervision of the respondent pursuant to the pledge agreement between the parties. The said godown was therefore operated by. the respondent whenever needed in the presence of the agent of the appellant with the keys which remained in possession and safe custody of the respondent. On 17/04/1974 appellants agent went to take delivery of 2 bales along with the godown keeper of the respondent. It was then noticed that there were only 66 bales instead of 70 bales. As the appellant felt that the respondent was liable in respect of 4 missing bales a registered notice dated 25/04/1974 was served on the respondent calling upon t