Honble PANWAR, J.–This misc. appeal is directed against the order dated 23rd Aug., 1984 passed by the learned Additional District Judge No.2, Jodhpur in Civil Appeal Decree No. 25/81.

(2). The brief facts of the case which are necessary for the decision of this appeal are that; the appellant-plaintiff (for short `the plaintiff) filed a suit before the Munsiff Magistrate, Jodhpur City, Jodhpur for recovery of Rs. 3,050/- against the respondent-defendants, inter alia, stating therein that the plaintiff-firm is a registered firm and the respondent defendants Transport-company is also a registered Transport Company firm and undertaking the businesses of career by transporting goods through their trucks having a branch office at Jodhpur and principal office at Delhi (for short `the defendants). It was averred that on 6.6.1973 the plaintiff booked the goods (scrape) weighting about 100 quintal to be delivered to M/s Modi Steels, Modi Nagar which is situated in the State of U.P. near Gaziyabad. It was further averred that the plaintiff demanded receipt of the goods from M/s. Modi Steels, Modi Nagar by letter No. 247 dated 20.06.1994. In response to this letter M/s. Modi Steels, Modi Nagar

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