judgment

M.N.VENKATACHALIAH, J.

(1) THE appellant was the plaintiff in suit - OS No. 3980 of 1969 in City Civil court at Madras, while Respondents 1 to 5 were Defendants 1 to 5 therein. That suit had been instituted by the plaintiff-the trustees of Port of Madras against the defendants for recovery of demurrage charges and other incidental charges in respect of certain textile goods in their custody in the customs area of the Port of Madras. Defendant 1 was the consignor-exporter of those goods. Defendant 2 was the shipping agent who had to put those goods on board the ship for their export. Defendant 5 is the alleged successor of Defendant 2-firm. Defendant 4 is the Collector of Customs who, on behalf of the Union of India, Defendant 3 was responsible for illegal detention of the goods in the customs area of the Port of Madras giving rise to the claim for demurrage charges and other incidental charges by the plaintiff.

(2) THE City Civil court dismissed the suit against all the defendants as in its view the consignor-exporter of those goods could not be held liable for demurrage charges and incidental charges payable for those goods when they had been illegally