Judgment

DAS GUPTA, J. : These three appeals - Civil Appeal No. 88 of 1956, Civil Appeal No. 91 of 1958 and Civil Appeal No. 92 of 1958, of which one is from a decision of the High Court of Madras and the other two from decisions of the High Court of Bombay raise some common questions of general importance to carriers of goods by sea and of shippers as regards the 3rd clause of paragraph 6 of Art III in the Schedule of the Carriage of Goods by Sea Act (hereinafter called "the Act"). This clause provides that "in any event the carrier and the shipper shall be discharged from all liability in respect of loss or damage unless a suit is brought within one year after the delivery of the goods or the date when the goods should have been delivered". In all the three appeals before us the carriers main defence to claims of compensation by the owners of the goods was based on this clause and the Courts had to consider whether this defence was available to the carrier.

2. The appeal from the Madras High Court was in respect of a consignment of 90 bundles of brass circles which were consigned to the respondent at Madras from Bombay to Madras per S. S. Fakira a Steamer belonging to the East and