- (1.) These two rules were issued at the instance of the Petitioner firm challenging the propriety and correctness of two judgments delivered by the Full Bench of the Court of Small Causes, Calcutta.
(2.) In order to understand the point in controversy which has arisen in these two rules it is necessary to state the following facts in brief: Suit No. 2045 of 1953 of the Second Bench of the Court of Small Causes, Calcutta, out of which Rule No. 1605 of 1955 has arisen, was instituted by the Petitioner firm against the opposite party which is an incorporated Steamship Company styled Messrs. Asiatic Steam Navigation Company Limited for recovery of a sum of Rs. 921-7-6 p. as compensation for short delivery in respect of a consignment of mug pulses sent from Muslipatam to Calcutta by ship.
(3.) In Suit No. 2427 of 1953, out of which Rule No. 3824 of 1955 has arisen, the same Petitioner claimed a sum of Rs. 1,635-3-6 p. against the same Shipping Company for alleged short delivery of a quantity of mug pulses sent from Muslipatam for carriage to Calcutta by ship.;