ISMAIL, C.J. :- This is a defendant's appeal against the judgment and decree of Ratnavel Pandian, J. rendered in C.S. No. 116 of 1972, on the file of the Original Side of this court. Since most of the facts are not in controversy, we are not elaborately referring to the pleadings as well as the evildence and we shall refer only to that part of the pleadings and the evidence which will enable us to concentrate on the crucial questions involved for decision in this appeal.

2. There were two plaintiffs in the suit, the first being the Insurance company and the second being a company by name Algappa Textiles (Cochin) Ltd. The admitted facts are - 50 Bales of fully pressed cotton were despatched by Messrs E.I.C. Khamgoan on 21-1-1971 for delivery to the second plaintiff in the suit at Pudukad railway station between Cochin and Shoranur. The goods arrived at the Pudukad railway station on 12-2-1971. The goods were unloaded with the help of coolies engaged by the second plaintiff itself on 13-2-1971. After the goods were unloaded, they were kept adjacent to the goods shed as there was no space in the covered goods shed for stacking these 50 bales. On 28-2-1971, at about 3-45 p. m.