SUNIL KUMAR GARG, J.

( 1 ) THIS second appeal has been filed by the State of Rajasthan (plaintiff-appellant) against the judgment and decree dated 11-5-1982 passed by the Dist. Judge, Dungarpur in Appeal No. 38/79 by which he dismissed the appeal of the appellant-plaintiff and upheld the judgment and decree dated 28-9-1979 passed by the learned Civil Judge, Dungarpur by which the learned Civil Judge dismissed the suit filed by the plaintiff-appellant against the respondents-defendants.

( 2 ) IT arises in the following circumstances:that the State of Rajasthan (Plaintiff-appellant) filed a civil suit against the defendants-respondents in the Court of Civil Judge, Dungarpur on 1-7-75 stating that the defendant No. 1 was registered firm and defendant Nos. 2 and 3 were its partners and they were dealing in transport business. (II) That the plaintiff-appellant booked a truck of the defendants for supplying pipes from Dungarpur to place Anjana in Dist. Banswara on 10-7-72 and Bilty of booking is numbered 1095 dated 10-7-72. The number of the truck which was carrying the pipes was RJJ 451. The pipes were loaded on the truck. When the truck was on the way towards Anjana, an accide