| Citation(s) |
|---|
| 1994 SLG 1541 1994 SLD 1541 = 1994 PLD 51 |
Admiralty Suit No.2 of 1987, decided on 9th December, 1993.
Amir- ul-Mulk Mengal, J
SEMCO SALVAGE PTE. LTD ;Plaintiff
VERSUS
M.V. KAPTAN YUSUF KALKAVAN through Person Incharge and another--- Defendants
Law:
Section:
By this order I intend to dispose of the preliminary issues as framed by this Court on 610-1987 with consent of the learned counsel for the parties. Facts briefly stated are that a suit was filed by the plaintiff for recovery of US Dollars 377,560.96 equal to Pak Rs.66,07,316.80 against the defendant No. 1 m.v. `Kaptan Yusuf Kalkavan'. The suit teas contested and written statement was filed. After framing of issues and recording of some evidence, the plaintiff moved two applications (Civil Miscellaneous No. 194 of 1989 and Civil Miscellaneous No.259 of 1988) praying for certain amendments. These amendments were allowed by the learned Judge of this Court who was trying the suit. However, an appeal was preferred by the defendant before a Division Bench of this Court being Civil, Miscellaneous Admiralty Appeal No. 1 of 1990, challenging the permission to allow amendments. This appeal was heard and disposed of on 10-10-1991. It was allowed and the miscellaneous applications for amendment were ordered to be dismissed. The plaintiff challenged the said order before the Hon'ble Supreme Court of Pakistan in Civil Appeal No. 37-Q of 1991. Petition for leave was granted and ultimately the appeal was allowed vide order dated 5th of May, 1992. The matter again was sent for trial by this Court. Learned counsel for the parties were heard on the preliminary issues which were framed on 6-10-1987 and are reproduced hereunder:-- "(1) Whether this Court has jurisdiction to adjudicate upon and entertain the suit? Whether the sale of the defendant No. 1 by the Ministry of Maritime Transport Red Sea Port Authority free from all encumbrance debts and rights prior to its sale in March 1987 wiped the defendant No. 1 clean of the plaintiff's claim? Whether the sale of the defendant No. 1 free from all encumbrance debts by the act of a statutory - body as distinguished from a sale between private parties, can be called in question before this Court in suit? Whether the statutory sale of vessel by the Egyptian Port authorities as per the Egyptian law did not wipe the vessel in suit clean of prior Maritime Liens and…