London And Lancashire Fire Insurance Company V. P & O Company Et Al.,

[FULL BENCH]

1914. Present : Pereira J., Ennis J., and De Sampayo, A.J.

LONDON AND LANCASHIRE FIRE INSURANCE CO. v.
P. & O. COMPANY et al.

78-D. C. Colombo, 37,533.

Joinder of parties-Alternative claim against two defendants-Joinder of causes of action-Civil Procedure Code, ss. 14 and 36.

Plaintiff, an insurance company, sued the two defendant companies to recover the value of sugar lost in the Colombo harbour consequent on a collision between the barge belonging to second defendant company and the steamer belonging to first defendant company, from which the sugar was transferred to be conveyed to shore.

The plaint averred-

9th paragraph-The loss of the said 310 bags of sugar was due to the negligence of the servants of the defendants jointly or to the negligence of the servants of one or other of the defend-ants, and if the said loss was not caused by the joint negligence of the defendants' servants, the plaintiff company, being unable to discover which of the defendants was liable for the said loss, sues them in the alternative.

10th paragraph.-As a separate and alternative cause of a

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