Law: Civil Procedure Code (V of 1908)

Section: 96

Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)-- ----Ss. 3(2)(g)(h) 7--Civil Procedure Code, (V of 1908), S. 96--Admiralty suit for recovery of damages--Filing of C.M. by Respondents No. 1 to 8 for return of plaint--Suit proceedings were stayed--Order for arrest of ship was engaged in business of various import goods was consignee of goods through Respondent No. 9 No. 6 was assigned four bills of lading No. 8, 9 received payments as local agents--Purchase of scrape by appellant--Containers of appellant were transhipped--Some containers were empty during examination of goods--Appointment of commission by Court--Payment of fee of commission--Submission of report of Commissioner Admiralty Jurisdiction--Consent order--Interest of parties--Territorial jurisdiction--Opportunity to adducing of evidence--Direction to--Stay of proceedings cannot be claimed as a matter of right otherwise whole purpose of Admiralty jurisdiction of Sindh High Court vested in law will become redundant and superfluous and its jurisdiction would only be restricted and limited to arrest ship and ask for security as precondition to allow sailing of vessel then stay suit which is not actual philosophy and astuteness of law purchased scrap items from Respondent No. 9--Accordingly, 24 containers of appellant were transshipped from Salalah port to Port Bin Qasim and appellant sought clearance of consignment but in course of shifting and examination of goods it was found that some containers were almost empty and appellant agitated matter before Respondents Nos. 1 to 8 but of no avail, thereafter, appellant invoked admiralty jurisdiction of this Court under Section 3(2)(g) (h) and sought for recovery of damages--It is obvious that High Court there would be better place to deal with e.g., question of law, and this is so notwithstanding similarity and connection between English Law and Pakistani Law especially in shipping matters and relative familiarity of Pakistani lawyers with English Law, therefore, Single Judge was of view that dispute between parties ought to proceed in England and not in this country--In our insight and comprehension, backdrop of instant case unambiguously make…

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