( 1 ) THIS is an appeal from the judgment and decree of A, N. Ray, J. , decreeing the suit for the sum of Rs. 8415 in favour of the plaintiff against the Port Commissioners, Calcutta with interest and costs. The only point involved is a point of limitation arising on Section 142 of the Calcutta Port Act.

( 2 ) THE facts briefly are as follows: On the 14th January, 1957 an American Company called Steel Merchant of New York, shipped 51 metal containers tinplate Waste by Steamship 'city of Birmingham' owned by Ellerman and Bucknall Associated Lines, a shipping company of New York. The Shipping Company issued to the shipper a bill of lading No. 30 dated 14th January, 1957 in relation to the said cargo. The plaintiff claims to be at all material times and still is the owner of the said goods and the endorsee or the holder of the said bill of lading, The vessel arrived at the Port of Calcutta on the 24th March, 1957. She started discharging her cargo on or about the 8th April, 1957, at No. 4 G. R. Jetty in the Port of Calcutta into the care and custody of the defendant, the Commissioners for the Port of Calcutta.

( 3 ) ON the 9th April, 1957, the plaintiffs clearing