JUDGMENT

R.K. Chowdhary, J. - This is a second appeal by the plaintiffs Choudhri Amir Ullah and Hafiz Abdul Rahman. They sued only the Central Government (Indian Dominion) through the Secretary Indian Posts and Telegraphs Department. Subsequently, they impleaded as defendant firm Haji Peer Mohammad Shamshuddin of Sadar Bazar New Delhi as then carrying on business in Pakistan through the Manager of the firm.

2. On 11-6-1947 currency notes of Rs. 1,0001- were remitted in an insured cover from the Sadar Bazar Post Office Delhi to the plaintiffs at Shahjahanpur. The insured cover was not delivered to the addressees. Thereupon the plaintiffs filed the present suit in the court of the Munsif of Shahjahanpur for recovery of the amount from the Central Government. Under Sec. 33 of the Indian Post Offices Act (VI of 1898) the liability for compensation in respect of postal articles insured is to the sender thereon. The plaintiffs alleged in the plaint that the said firm was only the ostensible sender, the real senders being the plaintiffs themselves.

3. Against the Central Government the trial court decreed the suit holding that the real senders were the plaintiffs. The suit had proceeded ex