The main legal point established in the judgment is the application of the law of limitation and the effect of re-signing and redeclaration of the plaint on the filing date of the suit.

FACTS :- The Prince Line, Ltd., (plaintiffs), were the owners of a Twin Screw Motor Vessel Eastern Prince which in the course of one of its voyages arrived in Bombay on 3rd March 1943, and was on 20th May 1943, berthed along side quay No. 1 Alexandra Docks belonging to the Trustees of the Port of Bombay, defendants 1. The vessel was berthed there until 25th May 1943, when on the evening of that date about 7.26 p.m. a fire broke out on the quay originating in certain drums which were lying on the quay close to the after starboard side of this vessel. As a result of this fire a damage was caused to the plaintiffs vessel, its tackle, fittings, furniture and appurtenances. The master of the vessel gave immediate notice to defendants 1 and 2 and also got the damage surveyed by Lloyds surveyor on 27th May 1943. The Lloyds surveyor made his report on 7th June 1943, specifying the damage and the repairs which were necessary to the vessel. The repairs were carried out under the supervision of the Master and the Lloyds surveyor as also Turner Morrison and Co. Ltd., who were the agents in Bombay of the plaintiffs. Rs. 12,357 were the aggregate incurred for the repairs and Rs. 225 were the fees which were paid to the Lloyds surveyor. An aggregate claim of Rs. 12,592-13-0 was thus made by the plaintiffs against the defendants and on 24th September 1943, the plaintiffs executed in favour of Turner Morrison and Co., Ltd., a power-of-attorney authorising them to recover the monies of this claim from defendants 1 and 2. Turner Morrison and Co. instructed the plaintiffs attorneys to carry on correspondence on their behalf and notices were addressed to defendants 1 and 2 as also to defendants 3. All the defendants denied their liability. Defendants 1 and 2 in addition claimed the protection of S. 87, Bombay Port Trust Act, 1879. The present suit was filed on 19th November 1943, for recovery of the said sum of Rs. 12,592-13-0 from all the defendants.

A preliminary contention was raised by defendants 3 that the suit was not properly instituted and the plaint was not properly signed and verified according to law. Chagla J. who beard the case held that the power-of-attorney dated 24feh September 1943, pursuant to which the suit had been filed by the plaintiffs was not a general power-of-attorney as required by O. 3, R. 2, Civil P.C., as amended in Bombay and that therefore the suit was not properly instituted. Having held thus, the learned Judge at the instance of the plaintiffs gave the plaintiffs time to get a general power-of-attorney to enable the Constituted attorneys of the plaintiffs to sign and verify the plaint and adjourned the suit to 11th August 1947, ordering the plaintiffs to pay defendants 1 and 2 as also defendants 3 the costs of the suit up to date. While making this order the learned Judge, however, made it without prejudice to the defendants contention that the plaintiffs claim in the suit was barred by the law of limitation. It was after this order was made by the learned Judge on 15th July 1947 that the plaintiffs executed in favour of Turner Morrison and Co., Ltd., a general power-of-attorney as requited by law and the plaint was re-signed and redeclared on 22nd August 1947, in pursuance of this general power-of-attorney.

Judgment :- (After stating the facts His Lordship proceeded.) This being the position, it remains to be determined how far the defendants or one or more of them are liable to the plaintiffs on the two counts, namely, negligence and breach of duty which are charged against them in the plaint. Before, however, I come to determine the question of their liability to the plaintiffs, I shall first of all deal with the point of limitation which has been urged by the defendants. The point of limitation arises in this way. As noted before the suit came to be filed by the plaintiffs on 19th November 1943, under a special power, of attorney executed by the plaintiffs in favour of Messrs. Turner Morrison and Co., L