B.C.Mitra, J. - (1.) This is a suit for recovery of Rs. 2040/- as damages for loss of goods in course of transit from Madras to Calcutta. The plaintiff's case is that out of a lot of 25 bales which were shipped two bales were short-landed. According to the plaintiff, the goods were duly booked, bearing proper markings of the consignor and the consignee, but due to negligence of the defendant or its servants and agents the full quantity of 25 bales were not lauded. The plaintiff obtained delivery of 23 bales only. The plaintiff, therefore, claims the sum of Rs. 2040/- as damages.
(2.) The case as made out in the plaint is that on or about February 20, 1957 Messrs. Keshavlal Talakchand of Madras shipped 25 bales of yarn by the defendant's steamship S. S. "Shivaratna". A bill of lading was issued by the defendant in respect of the shipment, and under the terms there-of the defendant was to carry the goods from the Port of Madras to the Port of Calcutta. The plaintiff claims to be the owner of the said goods consigned and is the endorsee or holder for value of the said bill of lading.
(3.) On or about February 27, 1957 the ship arrived at the Port of Calcutta and it is alleged that the cargo was discharged until March 8, 1957. The plaintiff took delivery of the consignment on March 15, 1957 and March 19, 1957, from the Commissioners for the port of Calcutta and it was then found that two bales were short delivered and accordingly "not found" remark was recorded with the Port Commissioners on March 19, 1957. Thereafter on or about May II, 1957, a short landing advice, known as 'B' form was issued by the Port Commissioners to the plaintiff. According to the plaintiff, only 23 bales instead of 25 bales were discharged by the ship. It is alleged that the plaintiff has suffered loss in Rs. 2040/-for non-delivery of the two bales and the plaintiff claims the said sum as damages.;