Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10

Civil Procedure Code (V of 1908) --- ----O. I, R. 10---Striking off as a party---Container imported from consignee was loaded for transportation to its destination---Said container toppled off the trailer which turned turtle resulting into the death of the occupants therein---Contention of defendant-carrier was that once container was delivered to the consignee or their clearing agents the responsibility of carrier or its local agents would cease to exist---Validity---No intervention of carrier-defendant was on record in the packing of cargo and entire cargo was loaded and packed by the consigner for which carrier-defendant could not be held liable for negligence occurred during handling of container after same was discharged from the vessel in safe and sound condition---Container toppled off the trailer which turned turtle due to rash and negligent driving of its driver---Once cargo was discharged from the ship and freed from the ship's tackle the liability of carrier would end immediately---Defendant-carrier had no connection with the incident which had taken place resulting in death of the deceased---Application for striking off carrier-defendant from the title of plaint was allowed. PLD 1975 Kar. 647; AIR 2009 Bom. 185; 1986 MLD 1433; 2006 MLD 1194; 2004 SCMR 1627; 2005 YLR 200 and 2005 MLD 1409 ref. ORDER SYED SAEEDUDDIN NASIR, J.---This order will dispose of an application (C.M.A. No. 10915/2012) under Order I Rule 10, C.P.C. filed by the defendant No 4 viz; China Shipping Container Lines (CSCL) Company Limited, Shanghai China, whereby the said defendant prays that its name be struck off from the array of defendants of the present suit. The learned counsel for the defendant No. 4 Mr. R.F. Virji has inter alia contended that four containers which were imported from the consignees landed in Karachi and were offloaded from the ship owned by defendant No. 4. All the four containers of 40 feet each were loaded on different vehicles for transportation to the destination of the said consignee. Three containers landed at the consignee destination, Anjum Art Press, 76 SITE, Hyderabad, Sindh but the fourth container that was loaded on a rickety, un-road worthy…

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