JUDGMENT

Chatterjee, J. - This suit is for the recovery of Rs. 2,156-5-6 against the Sindhia Steam. Navigation Company, Ltd., and the Commissioners for the Port of Calcutta for damages for non-delivery of two bales of piecegoods.

2. On October 24, 1944, three bales of cotton piecegoods were made over to Messrs. Sindhia Steam Navigation Company, Ltd. (hereinafter called the Shipping Company) at Bombay by one Jagannath Jiwanmall, from whom the Plaintiff purchased the said goods. On that day the shipping company signed a bill of lading whereby they agreed to carry the said three bales of dhooties and sarhees on board its ship "S.S. Jalamohan" from Bombay to Calcutta and to make the same over to the Plaintiff firm at Calcutta. Particulars of the said bales are as follows:

(1) One bale of piecegoods No. 5031 containing two hundred pieces of sarhees; No. 8214.

(2) One bale of piecegoods No. 5219 containing two hundred pairs of sarhees; No. 2657.

(3) One bale of piecegoods No. 5116 containing three hundred pairs of dhooties; Nos. 5871 to 5875.

3. The bill of lading was assigned and made over to the Plaintiff at Calcutta and there is no dispute that the property in the goods had passed to the Pl