Law:

Section:

Civil Procedure Code (V of 1908)-----O. VI, r. 17 & O. II, r. 2-Amendment of plaint-Carriage of goods by sea-Ship reported lost or damaged due to enemy action ­Claim for damages on ground that despite knowledge of hostilities between two countries carrier had undertaken liability to deliver goods safely at destination-Before filing of written state­ment by defendant amendment sought that "vessel was unworthy in that she was not properly equipped for contemplated voyage" and amendment allowed-Objection before Supreme Court that amend­ment introduced entirely new cause of action and virtually changed nature of suit-New plea unless allowed would be barred under O. 11. r, 2-Court always inclined to bring all points between parties before it so as to avoid multiplicity of proceedings-Amendment held rightly allowed. JUDGMENT MUHAMMAD GUL, J.-This petition for special leave arises out of the order of a learned Single Judge of the High Court of Sind & Baluchistan, Karachi, dated 12th February 1973, whereby he allowed an application by respondent No. 1, for the amendment of plaint allowing it to raise additional plea in the plaint. 2. Respondent No. 1 herein brought a suit in the High Court for the recovery of Rs. 2,94,000 in respect of loss of three consignments of goods shipped as per `s.s. Makran' owned by the petitioner for carriage from Chittagong to Khulna, in East Pakistan, under three Bills of Lading. The goods were not delivered at destination and the ship is reported to have been lost or damaged by enemy action. The goods were insured with respondent No. 2 for the same amount, and therefore, the decree was claimed jointly against the petitioner and respondent No. 2. 3. The plaint as originally filed alleged that at the relevant time disturbed conditions prevailed in East Pakistan and there were widespread activities in the nature of civil war and hostilities between India and Pakistan were in "progress" which the petitioner herein could clearly foresee and expect, but nevertheless, it undertook the safe carriage and delivery of three consignments at the destination and that…

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