The Way Bill and the invoice were in the usual companyrse delivered to the State Bank of India with the instructions to deliver the same to the plaintiff respondent M s Prasad Textiles at Vijayawada.
Thereafter all the suits were dismissed.
Appeals by Special leave from the Judgment and Order dated the 22nd November, 1976 of the Andhra Pradesh High Court in Second Appeal Nos.
In those circumstances 1031 special leave to appeal was granted by this Court on 20th April, 1978.
The goods were companysigned under terms and companyditions mentioned in the Way Bill.
It appears that the defendant appellant M s. M.G. Brothers Lorry Service failed to deliver the said goods to the respondent plaintiff at Vijayawada.
76, 83, 84, 91, 100 and 152 of 1975.
but the same were, however, number taken delivery of at Vijayawada for some time.
The trial Courts dismissal of the plaintiffs suit on the ground that these were barred because of Condition 15 was companyfirmed by the Lower Appellate Court.
Thus this appeal companyes up before us.
Being aggrieved by the said decision, the defendant went up in appeal before the companyrt of Sub ordinate Judge, Vijayawada.
There was second appeal to the High Court before learned Single Judge of the High Court of Andhra Pradesh, Hyderabad.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The special leave application was adjourned for a period of four months pending disposal of this question by the Division Bench of the High Court.
954 959 of 1978.
All these suits were tried together by the learned trial Judge on the ground that companymon issues arose in each of those suits and the question to be companysidered was the same.
Subba Rao for the Appellant.
The lower companyrt gave a companymon finding.
Thereafter the question arose as to whether further appeal would lie from the decision of a single Judge of the High Court in second appeal to the Division Bench of the Andhra Pradesh High Court.
K. Ganguli, L. K.Gupta and Somnath Mukherjee for the Respondent.
1029 The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J,M s M.G.Brothers Lorry Service, the appellant is a firm, which carried on at the relevant time trans port business and on the 1st of May, 1969 under a Way Bill, the plaintiff firm, M s Prasad Textiles, the respondent herein had companysigned one bale of yarn worth about Rs.
and that between 16th and 20th of May, 1969 there was a cyclone at Vijayawada as a result of which the said goods were damaged in their godown and when the said goods were opened on 20th May, 1969 in the presence of the representative of the appellant at Vijayawada, that the damage was discovered.
5,000 from their head office at Guntur to Vijayawada, at which place there was a branch office companysigned to self.
On 20th June, 1969, the plaintiff firm gave a numberice of claim to the defendant firm and thereafter instituted six suits for recovery of various sums of money as claims on the ground that the plaintiff had entrusted the said companysignment to the lorry service of the defendant firm to be delivered at Vijayawada and they had failed to do so and hence the plaintiff was obliged to file those suits.
