Law: Sea Customs Act, 1878

Section: 64

Sea Customs Act (VIII of I878)--S. 64 (d)-Decree against ship-owner-Liability of ship's agent. For ­Custodies declaration under S. 64 (d) of Sea Customs Act, 1878 signed by ship's agent-Not a statutory guarantee taken in interest of consignee nor could there be any guarantee in absence of principal debtor-Consignee not being a party to declaration, there could be no question of same being a contract under which agent presumed to be personally bound to him under S. 230 of Contract Act, 1872-Submission of counsel regarding liability of applicant to pay decretal amount in view of liability undertaken by them under S. 64 (d) to be answerable for discharge of all claims for damages of short delivery as may be established by owners of any goods comprising imported cargo in respect of such goods, held, in view of law and also because execution Court cannot go behind decree, not acceptable. Sajedul Haque v. Sultan Hassan P L D 1959 Dacca 903 and Burjorjee Cowasjee & Company v. Habib Insurance Company 1 id. P L D '1975 Kar. 194 rel. JUDGMENT The brief facts of the case are that respondent No. 1 filed Civil Suit No. 930 of 1968 in the Court of Small Causes Karachi for recovery of Rs. 2,265.76 against respondent No. 2 and Messrs Ameejee Valeejee and Sons. In the plaint it was. stated that Respondent No. 2 are the owners of the vessel "Paraskevi" and Messrs Ameejee Valeejee and Sons are their agents for Pakistan and had given a declaration to the Customs Collector under section 64 (d) of the Sea Customs Act. In the said suit the plaintiffs claimed the abovementioned amount as damages cost of goods short landed. 2. The learned trial Court by judgment given on 31-8-1970 decreed the suit against respondent No. 2 but dismissed the suit against Messrs Ameejee Valeejee and Sons on the ground that respondent No. I/plaintiff failed to show that Messrs Ameejee Valeejee and Sons were the agents of defendant No. I/present respondent No. 2. 3. After the passing of the decree as mentioned above the plaintiff moved an application for execution of the decree against the present applicants on the plea that the applicants are the agents of the judgment. debtor Vd that the decree could…

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