Judgement

JUDGMENT :- The plaintiff has preferred this appeal.

2. The plaintiff is a registered partnership firm carrying on business at Cuttack with its head office at Aligarh. Defendant No. 1 is a common carrier who carries on business of transporting goods on hire or on payment of freight. Defendant No. 2 is the Cuttack branch of defendant No. 1. One M/s. Jethmal Ramkumar of Ranchi despatched 14 cases of washing soap through the defendants under receipt No. 9967 dated 27-5-71 for delivery of the same to the plaintiff at Cuttack. The plaintiff paid Rs. 93.30, the freight for transporting the said washing soap, to defendant No. 2 under money receipt No. 44621 on 11-6-71. Soon thereafter the plaintiff s man went to the godown of defendant No. 2 to take delivery of the said consignment. The facts stated so far are not disputed.

3. The plaintiff s case in short is that in the defendant s godown the plaintiff s man found some of the packing cases in completely broken condition and a substantial portion of the contents therein had been pilfered or removed. So he insisted on the defendants employees for open delivery of the said goods and to grant a shortage certificate as per the actual d