GANAPATIA PILLAI, J. :- This appeal is preferred against the decree of an Assistant Judge of the City Civil Court, Madras, awarding Rs. 7290-78 nP. as damages to the respondent railway, payable by the appellant, the Port Trust of Madras. A consignment containing among other packages one package in which six cast steel cross-heads were packed arrived in the port of Madras by S. S. "Clan Maclean" along with other goods on 17-9-1956. The number of packages that arrived by this steamer for the Southern Railway was a little more than 380. A tally receipt was duly issued by the Port Trust and the other packages were delivered to the consignee. But the package in question was missing although it was loaded in the port along with the rest of the consignment.

A claim was made for payment of the value of the goods contained in the missing package on 23-4-1957, by the letter sent by the railway to the Port Trust. A C certificate was issued by the Port Trust as required by the statute on 15-4-1957 regarding to the missing package. Two defences were taken to the action, one of limitation and the other repudiation of liability on the ground that the Port Trust had discharged its duties