Govinda Menon, J.- The defendants in O.S. No. 711 of 1948 on the file of the City Civil Court, Madras, appeal against the decree of the learned Additional City Civil Judge awarding a sum of Rs. 1804 being the price of 44 bags of beedi leaves short delivered to the plaintiff at the Madras harbour from S.S. “Howra” in which 1532 bags of beedi leaves had been shipped for transit from Vizagapatam to Madras.

The plaintiffs were the consignees of 1,532 bags of beedi leaves shipped at Vizagapatam for being carried to Madras by S.S. “Howra” The defendants are the British India Steam Navigation Co., Ltd. by agents Messrs. Binny and Co. (Madras), Ltd., who are the owners of the ship in which these bags were carried. Out of the 1532 bags shipped at Vizag, the evidence is to the effect that only 1488 bags were delivered at the Madras Harbour, 44 bags being not traceable and hence short delivered. The suit was laid for recovering the price of these 44 bags and as stated above, the lower Court granted a decree for a sum of Rs. 1804. Against that decree, the defendants have appealed. The only contest between the parties is with regard to the liability of the defendants for the price of the 44 bags

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