( 1 ) THIS is an appeal against the judgment and decree passed by Shri M. Roy, Judge, 5th Bench, City Civil Court, Calcutta dated 11th January, 1977 in Money Suit No. 360 of 1971, The defendant is the appellant in this Court.

( 2 ) THE plaintiffs brought a suit for recovery of Rs. 18,091. 14 from the defendant-carriers by way of compensation or reimbursement for damage or shortage caused, to the consignment in suit. The case of the plaintiffs is that the plaintiff No. 2 M/s. Aidaupukhuri Tea Estates (Pr.) Ltd. , a private Limited Company having its registered office at Shibsagar in the State of Assam is the owner of a Tea Garden as mentioned above, On 13-8-68 the above Company entrusted with the defendant carrier M/s. Assam Roadways. 160 chests of tea in sound and well packed condition for carriage by road from Shibsagar to Calcutta for delivery at G. Patel's godown at premises No. P-4/4, Watgung Siding. The above consignment was covered by three garden invoices and in acknowledgment of acceptance of the above consignment, the defendant carrier issued the relevant consignment note being No. 18 dated 13-8-68 in which the plaintiff No. 2's manager was named as th