This second appeal arises out of a suit for damages which was filed by the plaintiff-respondent against the defendant-appellant and also against the defendant-respondent No. 2. The trial court decreed the suit against the defendant-appellant alone. The lower appellate court affirmed the decree of the trial court and now the defendant No. 1 has come up in the instant appeal and in support and opposition thereof, I have heard learned counsel for the parties.

2. The brief facts are these : The plaintiff was posted at Jaunpur as a Munsif on 6th December, 1964 which happened to be a Sunday. He used to go to a club which was known as the English Club, Jaunpur, of which he happened to be a member. On the said date, while returning from the said club, he fell in a ditch at about 6.-15 P. M. The ditch had been dug out the same day in the road which vested in and was managed by the defendant-appellant. The digging was done for the purpose of repair of a culvert. This ditch was about 1 foot deep and about 2 to 3 feet wide. It had been dug across the entire width of the road. The plaintiff alleged that there were no light, no danger signal, no caution notice, no barricade or other pr