1. A legal question relating to the maintainability of the suit for want of notice u/s. 10 of the Carriers Act, 1865, coupled with proof of documents has been raised in this case by the learned counsel for the parties.

2. It appears that a suit was filed by plaintiff/respondents for recovery of Rs. 87,624 alleging that plaintiff No. 2 was carrying on business in the name of M.P. Wires & Conductors Pvt. Ltd. and used to transport its goods outside Gwalior. Defendant No. 1 was the transporter and No.2 its partner and Manager. The goods mentioned in para 4 of the plaint were handed over to the defendant for transportation to Sagar. The goods destroyed on account of fire due to negligence and misconduct on the part of the defendants and their authorised agents. The plaintiffs got a report of1he Survey Inspector and it was reported that goods valuing Rs. 62,107.16 were damaged, besides Rs. 2,249/- was also paid as fee to the Surveor. The goods were insured with plaintiff No.1. The goods did not reach the destination. A claim was preferred. It was also alleged that notice was given by the plaintiff on 8.5.80 to the defendants demanding damages. Thereafter plaintiff No. 1 and 2 gav