C. NAGAPPAN, J.

This appeal is preferred against the judgment and decree passed in O.S. No. 3016 of 1984 by the II Assistant Judge, City Civil Court, Madras on 1.9.1986.

Plaintiff is the appellant herein.

The plaintiff averments can be summarised as follows :

The ship "ZARATHUSTRA" of which the first defendant is the Shipping Agent, arrived at Madras on 6.6.1978 and amongst other goods a consignment of 100 bales second hand refugee clothings under mark Mr. Ramachandran, Madras 1/100 was landed. The plaintiff as usual on the defendant's request, received and rendered the necessary services therefor. No one filed any import application with defendant's delivery order for clearance of the consignment and as it was lying in the plaintiff's Transit area uncleared for a considerable time, the same was removed to the Uncleared Goods Warehouse. The plaintiff thereupon gave notice to the defendants on 14.2.1979 that application is being made to the Customs for the sale of the goods under Section 61 of the Madras Port Trust Act. The first defendant repudiated the liability on untenable grounds. There was, however, no response from the second defendant. The consignment was confiscated