1. The plaintiffs in O.S. No. 104 of 1982 on the file of the Sub-Court, Trichy and the defendants therein are the appellants and the respondents respectively in this appeal. In this judgment the parties to the appeal would hereinafter be referred to as the plaintiffs and the defendants. The plaintiffs filed the above suit against the defendants for recovering a sum of Rs. 49,688.87 with interest at the rate of 9% p.a. on account of the damage to the goods entrusted by the second plaintiff to the first defendant at Trichy for an onward journey to New Delhi and delivery by the second defendant. The said suit was dismissed on merits. Hence the present appeal before this Court. Heard Mr.Nageswaran learned counsel appearing for the plaintiffs/appellants and Mr.Gunaseelan learned counsel appearing for the defendants/respondents. The allegations in the plaint are as follows:

“Pursuant to the order placed by the second plaintiff with M/s. Neyveli Ceramics & Refractories Limited, Vadalur, South Arcot District, a consigment was moved by road from Neyveli to Trichy. There it was entrusted to the first defendant in good order and condition to be carried and delivered to the second