( 1 ) THE appellant (Original defendant) has challenged the judgment and decree dated 30. 4. 79 passed in Special Civil Suit No. 7/1976 by the learned Civil Judge (SD) Bharuch, whereby the learned judge was pleased to pass the decree in the sum of Rs. 26,306/ together with running interest at the rate of 6% per annum from the date of the suit till the amount is realised from the defendant. The respondent no. 1 is the society registered under the Societies Registration Act, 1860, having its authority for the filing of the suit vested in the Secretaries mentioned in the cause title of the plaint. The respondent no. 2 is the nationalised Insurance Company limited registered under the Companies Act; through which the earstwhile Concord of India Insurance Company Limited now stands managed and merged by the statute, and, therefore, all the rights and the liabilities of the above Insurance company vests the respondent no. 2-Insurance Company. It was their case that the appellant is doing his business as common carier in the name and style of Shah Transport. On 12. 2. 1973, the respondent no. 1 despatched by land through the appellant from Palej 50 full pressed bales of Digv