( 1 ) THIS is an appeal from an order of G. K. Mitter J. , directing stay of a suit instituted by the appellant against the respondents. The respondents (appellant?) are Indian merchants. They placed an order for 968, 870 and 423 bundles of Mild Steel Round bars with certain Italian shippers. The Italian shippers shipped those goods under three bills of lading dated 6-3-1956, 10-3-1956 and 27-3-1956. The goods were shipped per S. S. Alga, a steamship belonging to the respondents, Messrs. Llyod Triestino Societa per Azinni Di Navigazibne Sede in Triesta. The goods were to be conveyed from Italy to the port of Calcutta. The steamship S. S. Alga duly arrived at the port of Calcutta on the 22nd May, 1956. The plaintiff alleges that 22 bundles of the goods were short-landed. In support of its contention it relies on a short-landing certificate issued by the Commissioners for the port of Calcutta. On or about the 8th of June, 1957, the plaintiff-appellant as the holder of the three bills of lading instituted a suit against the steamship company, the respondent No. 1, as also its agents Messrs. Turner Morrison and Co. , Private Ltd. , the respondent No. 2 in this appeal, cla