( 1 ) THIS is an appeal against two judgments dated April 4, 1957 and February 6, 1959 respectively as well as a decree dated February 6, 1959 passed by Mallick, J. The suit was filed by a company called the General Trading Corporation, hereinafter called the plaintiff company, against the Union of India and the Commissioners for the Port of Calcutta. The present appeal is by the defendant No. 2, viz. , the Commissioners for the Port of Calcutta who will be hereinafter referred to as the Port Commissioners.

( 2 ) THE facts on which the plaintiff Company have founded their claims against the defendants are shortly as follows: The General Trading Corporation Ltd. hereinafter referred to as the plaintiff Company were the consignee in respect of three consignments of woollen carpets consigned by Messrs. Obetee Ltd. On January 27, 1951, February 3, 1951 and February 5, 1951, respectively, 33 bales, 19 bales and 16 bales of woollen carpets were delivered by the said Messrs. Obetee Ltd. , to the East India Railway Administration at Mirzapur Station of the said Railway for carriage to Kidderpore Docks, a station on the railway system belonging to the Port Commissioner