INDIAN ROADWAYS CORPORATION Vs. UNNEERIKUTTY

JUDGEMENT

(1.) Defendants 1 to 5 in O.S. 164 of 1978 on the file of the Second Additional Subordinate Judge, Kozhikode are the appellants in this appeal.

(2.) The 1st respondent herein is a firm dealing in coconut oil. 500 tins of coconut oil were entrusted by it under two consignments to defendants 1 to 5 to be transported to Patna to be delivered to two of its customers. Defendants 2 to 5 are the

(3.) The 5th defendant filed a written statement on his behalf and on behalf of defendants 1 to 4. He contended that the lower court has no jurisdiction to entertain the suit, that it was true that on 10-4-1978, the plaintiff delivered to the 1st defendant 250 tins of coconut oil and also another consignment of 250 tins on the same day to be carried to Patna to be delivered to two of its customers, that the plaintiff having discounted the consignment notes on the Syndicate Bank was not competent to file the suit, that the consignments were sent at the owner's risk, that as per the terms of the contract, any loss or damage by theft, pilferage or loss must be borne by the owner of the goods himself and that therefore the defendants 1 to 5 are not liable to pay the damages.