Law:

Section:

  Demurrage----Plaintiff's vessel chartered by defendant who failed to provide cargo-Terms of contract allowing plaints to recover demurrage "for default of loading by defendant"-Plaintiff cannot be permitted to claim demurrage for "delay occurring in securing fresh cargo."   Words and phrases----"Dead-weight" capacity of ship-- Ship's lifting or weight-carrying capacity "in abstract" but "guarantee" as to weight is to be read with reference to circumstances contemplated by parties-[Carver's Carriage of Goods by Sea (10th Edition pp. 243, 474 ref.)].   Document-----Report of survey of ship in regard to carrying capacity of vessel-Report consisting of mere scribblings made by surveyor on piece of paper-Report, held, of no value.   Burden of proof----Parties to contract taking for granted that plaint's ship had a certain load capacity-Burden of proof on defendant that ship was not of such capacity-Evidence Act (I of 1872), S. 102.    JUDGMENT   This is a suit for the recovery of Rs. 1,17,316-10-7 with interest from the date of the suit till realization of the claim. The facts which form the back ground of this suit are that the parties entered into a contract by which the defendant agreed to charter a ship of the plaintiff company known as s. s. "Safina-e-Tariq" to transport by it his cargo of "cotton-seed oil cakes undecoaticated" from Karachi to three ports of U. K. The three ports were Avonmouth, Liverpool and Manchester or Glasgow. The choice between Manchester and Glasgow was of the defendant. The contract (Exh. 6/1) was made on the 11th of December 1954, and four of the clauses of the contract which are important for the present purposes are as follows:-     "(1) That you (charterer) will undertake to give a full load to the vessel .upto a maximum of 4,000 tons dead-weight.   That you (shipowner) will have no objection to our carrying a part of thecargo on deck on the usual `on deck' terms and conditions.   . . . . . The freight will be paid to us (shipowner) by you (Charterer) inPakistani currency as follows…