( 1 ) THIS appeal is directed against the judgment and order dated 5th July, 1991, passed by the Court of the first instance. The facts leading to this appeal are staled hereafter :

( 2 ) THE appellant carries on business of importation, amongst others, of diverse kinds of trawler parts and components. In terms of the proforma invoice of Entre Ltd. 891 Finehlcy Road, London, N. W. 118 RR (hereinafter referred to as the foreign supplier), the appellant placed order for one container of spares for Perkins p-6-354 Diesel Engine fitted on Trawler FILTERED ELEMENTS containing 42,500 pieces (hereinafter referred to as the said goods) on or about 12th December, 1990. The said contract was entered into by and between the appellant and the said foreign supplier at the rate of 0. 23 per piece C and F Calcutta by sea amounting to UK 9,775. 00.

( 3 ) PURSUANT to the said contract the foreign supplier shipped the goods on board on 24th February, 1991, and raised an invoice in respect of the said goods bearing No. 12421/ea 41897 dated 9th March, 1991. In the usual course of business the appellant insured the said goods with New India Assurance Cq, Ltd. on 18th April, 1991,