1. This appeal by special leave arises from a suit for recovery of a sunn of Rs. 29,254.86 P. and interest. The appellants are original defendants Nos.1 and 2 in the suit. Out of several issues framed in the suit, two issues were tried as preliminary issues. They are: (1) whether the suit is barred by limitation and (2) whether the plaintiff has any subsisting cause of action. The trial court decided both those issues in favour of the appellants But the High Court in revision set aside the decision of the trial court and decided both those issues in favour of the plaintiff. Hence this appeal.

2. The suit in question came to be filed under the following circumstances. A consignment of tin plates was shipped for the plaintiff at New York in the ship belonging to the 1st defendant under a clean bill of lading, to be delivered at Cochin. It consisted of 15 skids of tin plates of gross weight 39100 lbs. At New York, the goods were shipped in S. S. "Exminister" (Flying Cloud) but at Colombo they were transhipped to another ship S. S. Azumasan Maru". That ship arrived at Cochin on September 1, 1967 and left the port on September 7,1967. But the goods were not delivered to the p