P.B.Mukharji, J. - (1.) This is an appeal from the judgment and decree of A.N. Ray, J., decreeing the suit for the sum of Rs. 8415 in favour of the plaintiff against the Port Commissioners, Calcutta with interest and costs. The only point involved is a point of limitation arising on Section 142 of the Calcutta Port Act.
(2.) The facts briefly are as follows : On the 14thJan, 1957 an American Company called Steel Merchant of New York, shipped 51 metal containers tinplate Waste by Steamship 'City of Birmingham" owned by Ellerman and Bucknall Associated Lines, a shipping company of New York. The Shipping Company issued to the shipper a bill of lading No. 30 dated 14th January, 1957 in relation to the said cargo. The plaintiff claims to be at all material times and still is the owner of the said goods and the endorsee or the holder of the said bill of lading. The vessel arrived at the Port of Calcutta on the 24th March, 1957. She started discharging her cargo on or about the 8th April, 1957, at No. 4 G. R. Jetty in the Port of Calcutta into the care and custody of the defendant, the Commissioners for the Port of Calcutta.
(3.) On the 9th April, 1957, the plaintiff's clearing agents wanted to clear the cargo but the same could not be found by the defendant on that date and accordingly a 'not found' remark was duly recorded on behalf of the plaintiff. Thereafter some of these goods were found by several instalments in the months of April and May, 1957, the defendant delivered to the plaintiff and/or its agents a total quantity of 40 containers out of the said cargo leaving a balance of 11 containers. It is the failure of the Port Commissioners to deliver this balance of 11 containers for which the suit has been filed and the damage claimed for the same was Rs. 8415 being the value of the said 11 containers. It is alleged in the plaint that the defendant is also liable as a bailee.;