C. NAGAPPAN, J.

This appeal is preferred against the judgment and decree in O.S. No. 1482 of 1981 passed by the IX Assistant Judge, City Civil Court, Madras.

The first defendant is the appellant herein.

The plaint averments can be summarised as follows :

Two thousand bags of Jumbo Black Matpe (Oorid) packed in new jute bags with 50 kgs. per bag and of the aggregate value of 1, 00, 000 kgs. net was booked by Thai Agro Export Company, Bangkok to Madras Port and was shipped via., European Liberty, a ship of which the first defendant are the shipping agents. M.V. European Liberty was classified as a Class I vessel. The plaintiff purchased the goods paying a price of 31500 U.S. Dollars and it was insured for Rs. 2, 52, 000. The consignment reached Madras on or about 23rd of February, 1980. The plaintiff took delivery of the consignment from the Madras Port between 14.3.1980 and 19.3.1980. At the time of taking delivery, it was found that out of the 2000 bags shipped, 203 bags were short landed and 'B' certificate was issued by the Madras Port Trust. Further on the survey of the remaining 1797 bags, G. R. Newman, Insurance Surveyor on 28.3.1980, found that there was a shortage of