1This revision petition by the plaintiffs in Small Cause suit No. 108/67 on the file of the court of the Additional Munsiff, Cochin, is against the dismissal of the suit upon the following facts:

2 The appellants, Johar & Sons (P) Ltd., Cochin, sued the defendant Pierce Leslie & Co., Ltd., as the Shipping Agents of The Clan Line Steamers Ltd., to recover a sum of Rs. 303.28 being the net value of 18 pieces of Drag Link Ends in short supply which arrived at Cochin Port on 4-3-63 by "S. S. Clan Maciver". The consignment was booked in good condition by the consignor, Quinton Hazell Ltd., Great Britain, on board the ship at Liverpool to be delivered over to the appellants on the terms and conditions of a Bill of Lading under an import licence. The defendant as the shipping agents of the carrier had to deliver the goods to the appellants' clearing agents, Chakiat Agencies, Cochin. But, no delivery was effected in respect of the above 18 pieces of Drag Link Ends, though other goods under the same consignment had been delivered to them. The delivery was an open delivery on 10th May, 1965 in the presence of the Chakiat Agencies and the defendants' employees. The result of the open delivery