The plaintiff filed this Civil Revision Petition against the dismissal of a suit for damages against the Madras-Bangalore Transport Co., represented by its branch Manager at Madurai.

The short facts are the plaintiff booked a parcel with the first defendant on 28th November, 1958 containing sarees to the value of Rs. 1,566-12 nP. to be delivered to the second defendant at Bombay. The plaintiff obtained the parcel receipt from the first defendant and sent it to the second defendant along with the invoice by ordinary post. But due to mishap the second defendant did not receive either the parcel receipt or the invoice. Subsequently the plaintiff’s agent was informed that goods were delivered. Immediately the plaintiff sent a registered notice to the first defendant asking him to give the details of the delivery but no reply was sent to him. Therefore the plaintiff filed the present suit to recover damages against the first defendant. He also impleaded the second defendant as a party to the suit.

The defence to the suit is that it is true that the plaintiff booked a parcel oh 28th November, 1958 and the defendants delivered to the plaintiff’s consignee in the month of December, 19