Law: Civil Procedure Code (V of 1908)

Section: R-6,O.XII,R.6

Law: Sale of Goods Act, (III of 1930)

Section: 37

(a) Civil Procedure Code (V of 1908)---O.XII, R.6---Judgment on admission---Scope---If a fact has been admitted, then court may (but is not bound to) give such to which party concerned may be entitled on such admission--- Such may be given without determining "any other question between the parties"---Court has to first establish what is the relevant admission of fact and admission must be clear, unambiguous, categorical and unconditional. (b) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)--- ----S.3---Sales of Goods Act (III of 1930), S.37---Civil Procedure Code (V of 1908), O.XII, R.6--- Admiralty jurisdiction---Acceptance of goods---Judgment on admission---Dispute between the parties was with regard to supply of quantity of Marine Gasoline Oil---Plaintiff claimed to have supplied 96.36 Metric Tons of the Oil onto the defendant vessel, whereas defendant claimed to have received 83.8 Metric Tons of the Oil, on board---Plaintiff sought on the basis of admission made by defendant to the extent of oil received by it on board---Validity---If a buyer had the option of rejecting the goods short supplied but if he did not do so and accepted the goods so delivered, then under the provision of S. 37(1) of Sales of Goods Act, 1930, the buyer was bound to pay to seller at the contractual rate--- Even if the defendants were correct and there was a short supply of Marine Gasoline Oil, it was clear that the quantity as supplied was in fact accepted and not rejected---High Court entered the in favour of plaintiff for a sum of contractual amount to the extent of supply of the oil admitted by defendants and preliminary decree would follow--- Application was allowed accordingly. Amir Bibi v. Muhammad Khurshid and others 2003 SCMR 1261 distinguished. Macdonald Layton and Company Pakistan Ltd. v. Uzin Export-Import Foreign Trade Co. and others 1996 SCMR 696; Gerry's International (Pvt.) Ltd. v. Qatar Airways PLD 2003 Kar. 253 and Kassamali Alibhoy v. Shaikh Abdul Sattar PLD 1966 Kar 75 ref. ORDER MUNIB AKHTAR, J.---This is an Admiralty Suit filed in rem against the defendants including the vessel in question, which is sued as the defendant No.1. Two applications…

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