( 1 ) THE plaintiff is the appellant and the State of Madhya Pradesh (the defendant) is the respondent in this appeal. The suit out of which this appeal arises was filed by the plaintiff, the Bilaspur Central Co-operative Bank Ltd. , against the State of madhya Pradesh claiming Rs. 50,843-6-2 on the following facts :

( 2 ) AT Pendra Road, in the Bilaspur district, the Central Co-operative Bank Ltd. maintains a branch. There being no arrangement for keeping the cash of the branch, a request was made to the Inspector-General of Police for permission to keep the cash box at the end of each day in the police station house malkhana at pendra Road. The Inspector Generai of Police gave his assent and every evening the cash box properly locked and sealed used to be deposited in the police station house malkhana, and a receipt thereof used to be obtained on a Dak Book. This went on from 1949 till 11th April 1950, when the cash box duly locked and sealed was deposited in the evening but was found missing the next morning. Subsequently, the box with its hasp broken was found in a field, but the contents of the box, were missing. The police investigated the case of theft but without result, and

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