NAIN J.-This revision application involves an interesting point of law as to whether an insurer of goods carried by sea and covered by a policy of marine insurance, who on payment for partial loss is subrogated to all the rights and remedies of the insured person to the extent of the payment, is entitled to sue the carrier of goods in his own name to recover compensation for partial loss or damage to the goods. This depends on the interpretation of section 135-A of the Transfer of Property Act, which is applicable to the suit transaction. Sections t30.A and 135-A were inserted in the Transfer of Property Act by Transfer of Property (Amendment) Act VI of 1944 and have since been repealed by the Marine Insurance Act XI of 1963 and have been reenacted in sections 52, 53, 79 and 90 of the Act.

2. The facts leading to this matter are that the petitioners are a company carrying on the business of insurance. Respondents No.1 are a shipping company who carryon business of carriers of goods by sea. They have their registered office in the State of California in U. S. A. and carryon business through their agents in Bombay. Respondents No.2, Messrs Cotton Trading Corporation of San F