This appeal has been filed challenging the legality and validity of the judgment and decree dated 15.7.1097 passed by the Civil Judge (Senior Division), Sonitpur in Money Suit No.7 of 1985. A suit was filed by the plaintiffs for recovery of a sum of Rs. 1,55,670/- as damages. It was filed by the two plaintiffs who are respondents in this appeal. The brief facts are as follows : The plaintiff No. 1 is a Chartered Accountant and the plaintiff No.2 is the wife of plaintiff No. 1. Both of them are the residents of Tezpur.

2. It is alleged that the plaintiff No. 1 was suffering from Urinary infection and was advised by doctor to go to Calcutta immediately for treatment and accordingly an appointment was fixed with Dr. R. Kumar of Calcutta for check up on 18.4.84. The plaintiff wanted to travel from Tezpur to Calcutta by flight and accordingly purchased two tickets by Fright No.IC-212. The flight was delayed by four hours and left Tezpur Airport at 5.25 PM on 17.4.84 and landed at Guwahati Airport at about 5.45 PM. When the flight landed at Guwahati Airport on 17.4.84, the Airport was locked and there were no staff to receive the Aircraft. An Engineer of the Indian Airlines who was travel

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