1. The plaintiff, proprietor of M/s. Maxwall and Co., Chittoor Road, Ernakulam, is the revision petitioner. He instituted a suit for recovery of a sum of Rs. 29,254-85Ps, and interest from the defendants. The suit arose under the following circumstances:

2. A consignment of tin plates was shipped for the plaintiff in the ship belonging to the 1st defendant under a clean bill of lading, to deliver at Cochin, 15 skids of tin plates of gross weight 39100 Ibs. in the same condition in which the commodity was entrusted to them at New York. Originally the goods were sent through s. s. "Ex. Minister" (Flying Cloud); but contrary to the terms and conditions of shipment, the goods were transhipped at Colombo through another ship s. s. 'Azumasan Maru". According to the plaintiff, the goods were damaged even at the time of transhipment at Colombo due to neligence and misfeasance of the 1st defendant and their employees and agents. The ship s. s. "Azumasan Maru" arrived at Cochin Port on or about 19 67- The plaintiff authorised their agents to take delivery of the goods; but the consignment was unascertainable as the tin plates were completely loose, rusty and damaged and mixed up w