1. This is an appeal from the decision of the Subordinate Court of Quilon in O. S. No. 130 of 1957. The appellant the Madura Company Private Limited, agents of the British India Steam Navigation Company Limited was the 2nd defendant in that suit.

2. The plaintiff the 1st respondent before us sought damages for the short delivery of 354 bags of cashew nuts out of a shipment of 4500 bags from Inhambane to Cochin with transhipment at Lourenco-Marques. The bill of lading concerned is Ext. D. 5. Clause.16 of the 24 clauses printed in the bill of lading reads as follows:

"Law applicable. The contract evidenced by this Bill of Lading shall be governed by the Laws of England and in accepting this Bill of Lading the shippers and consignees expressly accept and agree to all its stipulations, exceptions and conditions whether written, stamped or printed as fully as if signed by him or them."

3. The English Law relating to bills of lading is embodied in the Carriage of Goods by Sea Act, 1924. The third paragraph of R.6 of Art. III in that Act corresponding to the third paragraph of R.6 of Art. III in the Indian Carriage of Goods by Sea Act, 1925 provides that "in any event the carrie