JUDGMENT : Messrs Swastik Agency, Madras, the appellant in this second appeal, is the plaintiff in the suit, O. S. 125 of 1958 on the file of the City Civil Court, Madras. The appellant imported 80 drums of coconut oil from Singapore, which arrived at Madras port per S.S. Rajula on 9-7-1957. The shipping documents were entrusted by the appellant to the clearing agent. The consignment was detained in the Port Trust shed by the customs authorities for test purposes till 12-8-1957. On 13-8-1957 the clearing agent cleared the consignment, and it was noticed that 7 drums out of the said consignment had been tampered with and the oil contained therein had been stolen through holes made in the drums. At the request of the clearing agent a survey of oil from the 7 drums was noticed and those drums were taken delivery of on 21-8-1957. It was found that the total weight of oil lost was 1494 pounds, the value of which came to Rs. 899-07, calculating the price at Rs. 1348 per ton. The plaintiff claimed in all, a total sum of Rs. 1198-54 representing the value of oil lost, customs duty and excise duty etc. The plaintiff issued a. notice to the Port Trust authorities on 24-8-1957 claiming damage

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