K. RAVIRAJA PANDIAN, J.

1. In the above appeals, the Board of Trustees of the Madras Port Trust represented by its Chairman put in issue the judgment and decree made in the respective suits fastening the liability on the Madras Port Trust for the damages on the ground that the goods warehoused by the respective consignees/plaintiffs in the Anchor-gate bonded Warehouse of the Madras Harbour belonging to the Madras Port Trust were destroyed in a fire-accident that has taken place on 7.6.1982 due to the negligence on the part of the Port Trust, Madras. In three suits viz., C.S. Nos. 496 of 1983, 288 of 1984 and 534 of 1985, the Collector of Customs has been shown as a defendant. It seems as against C.S. No. 534 of 1985, no appeal has been filed. In respect of the other two suits viz., C.S. Nos. 496 of 1983 and 288 of 1984, Appeal Nos. 46 of 1992 and 50 of 1992 have been filed among other appeals in which the claim is made against the Port Trust only.

2. Learned single Judge of this Court thought it fit to consolidate all the cases together heard and delivered the judgment in common since in all these cases, the claims arise out of the same cause of action. However, the plaint