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

Section: 41

Law: Contract Act (IX of 1872)

Section: 73

  Sale of Goods Act (III of 1930)--- ----S. 41---Goods not in conformity with contract---Remedy--Purchaser would be entitled to reject the goods where same were not in accordance with the terms of contract, notwithstanding that property in goods had passed to him by delivery of Bill of Lading if he had no opportunity to inspect the goods before. (1917) I Lloyd's Report 53, Koh-e-Noor Trading (Pvt.) Ltd. v. Mangrani Trading Co. 1987 C L C 1511; Mysore State Cooperative Marketing Society Ltd. v. Ko Mating Gyi and Sons A I R 1974 Mys. 20 and Koh-e-Noor Trading Ltd. v. Mangrani Trade Co. 1987 C L C 1533 ref. Halsbury's Laws of England (I1Ird Edition) Vol.34, p.297 and James Finlay and Co. v. N.V. Kwik Hoo Tong 1928 Volume 2 K.B. 604 rel. Contract Act (IX of 1872)--- ----S. 73---Breach of contract---Right of innocent party---In case of breach of contract, innocent party had a right to take such steps as would minimise loss or damage---Plaintiff had a right to take delivery of goods in spite of his protest not only for inspection; but even for minimising the loss. Sale of Goods Act (III of 1930)--- ----S.41---Uniform Customs and Practice for Documentary Credits, Arts. 3 & 4---Civil Procedure Code (V of 1908), OXXXIX, Rr.l & 2---Grant of ad interim relief---Matter was to be decided on basis of fraud alleged to be perpetrated by defendant in issuing bills of lading containing fats. dates-- 'Provisions of letter of credit having been violated, same could not be encashed-- Plaintiff having a prima facie case would b;. entitled to be granted interim relief of the nature so as to ensure that if decree was passed in its favour same should not be defeated---Defendants were restrained from claiming payment under Letter of Credit in question.   Khalid Anwar for Defendants. ORDER This is an application under Order 39, Rules 1 and 2 read with Section 151, C.P.C., praying that .Defendants Nos.l and 6 be restrained from claiming payment under L.C. in question and Defendants Nos.4 and 5 from making any payment thereunder. Briefly stated the case of plaintiff company is that it is carrying on the business of import of various items into Pakistan. The…