( 1 ) THE appellant/ plaintiff being aggrieved by the judgment and decree dated 5-7-1991 passed in Civil Suit No. 3-B of 1983 by the II Additional Judge to the Court of the District Judge, Hoshangabad, dismissing the plaintiffs suit, has preferred the present appeal.

( 2 ) THE brief facts leading to the present appeal are that the plaintiff, which is an undertaking of the State of M. P. constituted under the provisions of the M. P. Beej and Farm Vikas Nigam Adhiniyam, 1980, had given to defendant, for transportation, 160, quintals of wheat seeds worth Rs. 36,000/- from Seoni Malwa to Jagdalpur vide bilty dated 11-11-1982. The seeds were loaded in the defendant's truck No. CPJ 6463. The defendant did not deliver the goods at Jagdalpur. Therefore, the plaintiff personally informed one Ramadhar of the defendant/ firm regarding non-delivery of the goods with a request that either the costs of the goods be paid or the receipt of the consignee be produced. Various letters dated 22-12-1982, 6-1-1983,20-1-1983 and 2-2-1983 were sent to the defendant and ultimately legal notice through the counsel was sent on 19-3-1983. The defendant, despite receipt of the letters and notice