JUDGMENT - Tarkunde, J.

1. This suit was filed in the Bombay Small Causes Court for the recovery of Rs. 2,966/- by way of damages. The plaintiffs are a private limited company carrying on business as importers and merchants. The defendants are the Trustees of the Port of Bombay, hereinafter referred to as the Board, a statutory body incorporated under Section 4 of the Bombay Port Trust Act, 1873. The plaintiffs say that they imported four cases of Cellulose Tapes and Bench Dispensers from London, that the four cases arrived at the Bombay docks, that the plaintiffs paid the necessary customs duty on the goods, that the Docks Manager of the Board delivered to the plaintiffs only one of the four cases, and that the remaining three cases were not delivered to the plaintiffs. The plaintiffs say that the three cases were lost when in the custody of the Board, and that they were lost solely due to the acts of negligence, malfeasance and nonfeasance on the part of the Boards administration and also due to want of proper care and caution which the Board were bound in law to take in respect of the said goods. One of the defences raised in the suit was that the Board are not liable for the mis

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