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Subrahmania Chetty and anr. Vs. the British Indian Steam Navigation Company Ltd., by their Managing Agent, Mackinnon Mackenzie - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1923Mad523; 72Ind.Cas.408
AppellantSubrahmania Chetty and anr.
RespondentThe British Indian Steam Navigation Company Ltd., by their Managing Agent, Mackinnon Mackenzie
Excerpt:
construction of document - bill of lading--shortage--burden of proof. - krishnan, j.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 : 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.
Judgment:

Krishnan, J.

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 : 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.


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