BHASKAR BHATTACHARYA, J. - (1.) This first appeal is at the instance of the defendant No. 2 in a suit for recovery of money on account of shortage of goods and mutilation of part thereof and is directed against the judgment and decree dated 15th October, 1988 passed by the Assistant District Judge, 8th Court, Alipore in Money Suit No. 41 of 1972 thereby passing a decree of Rs. 72,860.95p against both the defendants.
(2.) The plaintiffs-respondents filed the aforesaid suit against defendants claiming damages on account of short landing of goods and marring of part thereof on the allegation that defendant No. 1, the owner of the vessel, agreed to deliver 9900 Metric Tons of Ammonium Nitrate Phosphate at the Ports of Pondichery and Calcutta but the defendant No. 2, the agent of defendant No. 1 delivered lesser amount of goods as detailed in the plaint. It was further alleged that part of the goods received was in messed-up condition making those unusable. In the plaint, the plaintiff in paragraph 4 alleged that the defendant No. 2 was the agent of the defendant No. 1 and was responsible for the delivery of the goods as per terms of the bill of lading.
(3.) The aforesaid suit was contested by both the defendants by filing separate written statements thereby denying the material allegations made in the plaint.;