Law:

Section:

Demurrage----"Lay days" for determining demurrage commence from time ship arrives at outer anchorage and not from time she gets berthed-Charter-party merely naming port without anything further-Vessel deemed' "arrived ship" on mere entrance at outer anchorage-Charter-party containing clause "time lost in waiting for berth to count as loading time"-Clause, a special term Persons other than those parties to charter-party-Cannot be made liable unless bound by independent contract containing clear term that party was so bound-Ship at Karachi Port-Cannot be loaded or unloaded except at the berth-Karachi Port Trust Manual, Rule 12.   Leonis S. S. Co. v. Rank (1908) 1 K B 499 and Roland Linie Schiffahrt v. Spillers Ltd. 3 W L R 620 ref.   Dates of hearing: 6th, 11th, 12th and 13th March 1964.   JUDGMENT   SARDAR MUHAMMAD IQBAL, J.----The appellants, Messrs Khabbaz Brothers, instituted a suit for the recovery of Rs. 44,935-10-0, which is equivalent to pounds 3,370-2-9, against the respondents Messrs Dalmia Cement Limited, Karachi, alleging that the latter were liable to pay this amount to them as demurrage on account of the delay caused by them in loading the ships which the appellants had chartered. The suit was dismissed by the Single Judge in Chambers on the 20th of April 1961. The appellants have come up in Letters Patent Appeal.   The case of the plaintiff-appellants is that the defendant respondents are the manufacturers of cement. The appellants entered into a contract with them on the 7th of December 1956, to purchase 14,000 long tons of cement. The price settled was Sh. 138.6d. per ton of 2.240 lbs. net f.o.b. and stowed Karachi. The period of contract was the month of December 1956, to March 1957, with fifteen days' margin on either side. Payment' was to be made by a confirmed irrevocable letter of credit which was to be made available for negotiation against presentation, inter alia, of full set of bill of lading. The bills of lading were to be delivered to the respondents immediately after each shipment free of freight. As to the shipment, it was agreed by the respondents that they would…