Law: Carriage of Goods by Sea Act (XXV1 of 1925)

Section: 6 , 5

Carriage of Goods by Sea Act (XXVI of 1925)--- ---- Art. 6, R.5 --- Civil Procedure Code (V of 1908), S.115 --- Short delivery of goods --- Revisional jurisdiction, exercise of --- Concurrent judgments of Courts below regarding short delivery of imported goods and determination of value of such short landed goods based on evidence on record, could not be interfered with in revisional jurisdiction of High Court when- no provision of law had been violated by Courts below. P L D 1974 Kar. 171 and P L D 1983 Kar. 29 ref. Naseeruddin Shaikh for Applicants. Hayat Qureshi for Respondents. Date of hearing: 12th September, 1990. JUDGMENT This revision application. under section 115, C.P.C. is directed against judgment passed by the Ist Senior Civil Judge, Karachi, on 30-4-1977 in Suit No.181/70 and judgment passed by the lVth Additional District Judge, Karachi (South) in Civil Appeal No.277/85. The facts giving rise to the present application briefly stated are that the Government of West Pakistan Agricultural Department, Lahore, imported 730 Transportable Motor Sprayers packed in 730 cases and spare parts of the said sprayers ' packed in" 51 cases under two separate invoices vide common Bill of Lading No.122 'dated 30-10-1968. The order for the supply of the above consignment was placed with Messrs Inter-Export Yugoslavia, through their agents Asian Associated Agencies, 118, Oamar House, Bundar Road, Karachi. The above consignment was shipped in 781 wooden cases vide Bill of Lading No.122 Rejika dated 30-10-1908 through s.s. "Srbija" owned by Messrs Jugeslavenska Linjska Plovidaba (Jugo Transport), Rejika, Yugoslavia,   through their agents Messr's Pak Shaheen Trading Company. The ship arrived at Karachi Port on or about 11-1-1969 and three packages out of the consignment were short landed at the port. The District Controller of Stores (Shipping), PWR Karachi Cantt., the agents of the Government of West Pakistan, reported shortage of the consignment vide their letter dated 12-3-1969. The agents of the Government of West Pakistan, repeatedly requested the agents of the exports to take decision in respect of packages short landed at…