I. P. Singh, J. - F.A.F.O. No. 470 of 1978 and F.A.F.O. No. 471 of 1978 are between the same parties and respectively arise out of two separate orders both dated 5-4-1978 of Shri Phool Singh, Additional Civil Judge, Ghaziabad, passed in two separate Suits Nos. 86 of 1976 and 85 of 1976 respectively.

Plaintiff 1 is a company carrying on business of general insurance with its registered office at Jiwan Udyog, A-25/27, Asaf Ali Road, New Delhi and nationalised by U.P. Government under Act No. 57 of 1972. Shri S. S. Bakshi is the Manager of the said insurance company and as such competent and authorised to file the suits by power of attorney.

Plaintiff 2 is a partnership from duly registered under the Partnership Act and Daya Kishan Gupta is its partner. The said firm carries on business under the name and style of M/s. Anand Industrial at Gandhi Road, Pilkhuwa, Ghaziabad.

The defendant M/s. New Suraj Transport Company (P.) Ltd., carries on business at various places in India, including Pilkhuwa with its registered office at Amritsar.

In suit No. 86 of 1976, 34 bales of cotton cloth and in suit No. 85 of 1976, 6 bales of cotton cloth were consigned by plaintiff 2 at Pilkhuwa w