1. The brief facts of the case necessary to consider the rival contentions of the plaintiff and defendant nos.1 & 2 are required to be set down.

2. The plaintiff has instituted a suit for the recovery of an amount of U.S. Dollars 154,000 together with interest at the rate of 8% per annum from the institution of the suit until payment/realization. The amount which is claimed in the suit represents the CIF value of 40 Drums said to contain 1000 BOU Lincomycin HCL BP (Oral Grade) weighing about 1184 kg. (the consignment) alleged to have been short-landed. The case of the plaintiff is that in February 2001, the plaintiff imported from Shanghai to Mumbai the consignment under an invoice dated 16th February, 2001 of the shippers M/s.Sino Pharmaceuticals (HK) Ltd. (the Shipper). The consignment was entrusted by the shipper to the Third Defendant at Shanghai. The Third Defendant issued a Bill of Lading dated 22nd February, 2001 acknowledging receipt of the consignment on board a vessel by the name of m.v.BUNGA KEART Voyage 013. The Bill of Lading reflected the port of loading as Shanghai and the port of discharge as Mumbai. The delivery agent named in the Bill of Lading issued b