- (1.) This is a Regular Second Appeal against the judgment and decree dated 28.2.2009 passed by the Addl. District Judge, Faridabad, whereby the appeal against the judgment and decree dated 14.3.2008 passed by the Addl. Civil Judge (Sr. Divn.), Faridabad, has been dismissed.
(2.) Brief facts of the case are that plaintiff is a registered partnership firm having office at 19/6, Mathura Road, Faridabad and Shri Saurabh Jain is the partner of the plaintiff firm and fully conversant with the facts of the case.
(3.) The defendant No.1 is a common carrier and defendant No.2 being consigner booked a consignment of the value of Rs. 1,62,513/- with defendant No.1 from their Baroda office for delivery to the plaintiff vide consignment note No.330002556 dated 19.10.88. It is alleged that the said consignment have been loaded by defendant No.1 in lorry No. CIH-7404 from Baroda but as per the information received from defendant No.1 vide letter dated 02.11.88 of defendant No.1, the said lorry is missing along with the consignment of the plaintiff and defendant No.1 advised the plaintiff to lodge provisional claim with Insurance company.;