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Suit No. 123 of 1970, decided on 27th July, 1980.
(a) General Bye‑Laws of Karachi Port Trust (Karachi Port Trust Manual, Part III)‑
‑‑‑‑ Bye Law No. 35 ‑Responsibility of Port trust for discharging or loading cargo‑‑Claim for compensation for damage caused to goods during unloading from ship‑Plaintiff engaging Stevedore Company and such Company hiring crane from defendant Port Trust for unloading ‑‑ Labourers and crane driver working under instructions of stevedores ‑‑ Defendant Port Trust, held, not responsible for damage caused to goods due to negligence of labourers and crane drivers while unloading.‑[ Damages].
‑‑ ‑ Ss. 151 & 152‑‑‑Bailee's liability for damages--Damage to one case caused by negligence of servants and/or agents of Stevedore Company engaged by Shipping Company‑‑Shipping Company neither taking plea of having taken as much care as man of ordinary prudence would take of his own goods nor pleading special contract‑Shipping Company, held, responsible to importer. [Damages].
--------‑ S. 87 read with Bye‑Law 46, Karachi Port Trust Manual, Part III‑‑Notice of damage to goods‑‑Limitation‑‑Ship carrying goods arriving at port can 27th July, 1969‑‑Two cases surveyed on 31st July, 1969‑Plaintiff serving notice dated 27th January, 1970 under S. 87‑--Importer giving no notice‑Suit filed by importer against trustees, held, nut maintainable due to notice having not been given within one month of landing of good.‑(Damages).
‑‑‑‑‑ Sched., Art. III (6)‑Notice for joint survey‑‑Survey of goods carried out without notice to Shipping Company‑Claim for damages preferred against Shipping Company on basis of such survey‑‑Survey, held, not binding on Shipping Company.
Central Insurance Co. Ltd. v. Chittagong Steamship Corporate Ltd. and another P L D 1968 Kar. 252 ; Farook Omar v. National Security Insurance Co. Ltd., Karachi and another P L D 1974 Kar. 321 ; Fire National Electric Radio, Refrigeration Co. (Pakistan) Ltd., Karachi v. Messrs Sachiliae Lauro, Naples (Italy) and 3 others P L D 1971 Kar. 264 ref.
‑‑ O. VII, r. 14 and O. XIII, r. I‑Production of documents‑ Importer (plaintiff) not disclosing survey report in affidavit of documents‑Witness producing it when appearing in witness-box‑ Case first surveyed more than five months after landing of goods and final survey report prepared about four months thereafter‑Such survey survey report, held, not binding on Shipping Company or Port trustees.
‑‑‑ S. 16'‑‑Admissibility of document‑Objection to admissibility of pro forma invoice taken at trial stage but document exhibited subject to object ion‑‑Proforma invoice, however, not proved hence, held, cannot be relied upon.‑[Document].
Malik Mohammad Din and another v. Mohammad Aslam P L D 1969 S C 136 distinguished.
Ismail Tejani for Plaintiff.
Zaheeruddin Khan for Defendant No. 1.
Abdul Raoof Khan for Defendant No. 2.
Dates of hearing : 7th and 8th October, 1979.
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