Usha, J.

Second plaintiff in O.S.163/82 on the file of the court of Subordinate Judge, Cochin is the appellant. The first respondent was the first plaintiff in the suit and the 2nd respondent was the defendant therein. The suit was instituted by the 1st respondent for recovery of a sum of Rs. 36,258.79 as damages from the 2nd respondent with interest and costs of the suit. The goods despatched by the 1st respondent from Alleppey to Cochin for shipment from Cochin Port on board the Ship S.S. President Roosevelt due to arrive at Cochin on 16-11-1981 and stored in Q5 shed by the 2nd respondent, were lost in the fire that broke out in the shed on 20-11-1981, The appellant, who was originally impleaded as 2nd defendant was transposed as 2nd plaintiff on payment of the value of goods to the 1st plaintiff and obtaining assignment of the rights of the first plaintiff under letter of subrogation and power of attorney. The court below dismissed the suit on the ground that it is not maintainable in view of the provisions contained under S.121 of the Major Port Trusts Act and Regulation 134 of the Cochin Port and Dock Regulations, 1975. It also held that the first respondent herein