SUBRAHMANIA CHETTY Vs. BRITISH INDIAN STEAM NAVIGATION COMPANY LTD, BY THEIR MANAGING AGENT, MACKINNON MACKENZIE

JUDGEMENT

(1.) IN this case the burden was on the plaintiff to prove shortage as the bill of lading expressly says "that weight, contents and value when snipped unknown;" see IN re Anglo- Russian Merchant Traders and John Batt & Co., London (1917) 2 K.B. 679 at p. 684 : 86 L.J.K.B. 1360 : 116 L.T. 805 : 61 S.J. 591. No attempt has been made by plaintiff to prove this though about a month's time seems to have been given to him by the learned District Munsif. It is urged that I should give him a further opportunity of proving his case. I am unable to do so, as I think he had ample opportunity already. The civil revision petition fails and is dismissed with costs.