JUDGMENT.- The plaintiffs are the appellants. These two appeals arise out of the suits which were disposed of by a common judgment. Two different parties imported certain quantities of Polythy lene Resins Film Grade F.822, from the Port of Kobe in Japan to the Port of Madras. The goods were carried by the vessel “ State of Andhra” owned by the Shipping Corporation of India which was made the second defendant in the two suits. The first defendant in both the suits is the Port Trust, Madras. The goods have been insured by one and the same Company, viz., the Calcutta Insurance Limited, which figures as the second plaintiff in both the suits. (The first plaintiff in the two suits is the respective consignee of the goods.)

2. The vessel arrived at Madras Port on 4th October, 1968. When the cargo was discharged it was found that some bags were torn and the contents falling out. Even the tally sheets issued by the Port Trust, to which the Shipping Corporation of India is a party, went to show that the damage to the goods had occurred even before the cargo had been discharged. Even so, the plaintiffs impleaded the Port Trust, perhaps by way of abundant caution. The Court below has held that

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