Law:

Section:

(a) Carriage of Goods by Sea Act (XXVI of 1925)----Sch., Art., IV, r. 5 read with r. 8 of Art. III & Art. VII-Explained ­Interpretation of Statues-Redundancy not to he attributed to legislature unnecessarily. (b) Carriage of Goods by Sea Act (XXVI of 1925)-----, Sch., Art. III, r. 6, para. 3-Carriers holding goods as bailees after discharge from ship-Para. 3 in respect of period within which suit must be brought for loss or damage, nevertheless applicable­ Carriers responsible as "carriers" and not as "bailees"-Art. 115, Limitation Act (IX of 1908) not applicable. (c) Carriage of Goods by Sea Act (XXVI of 1925)--------Sch., Art. III, r. 6, para. 3-Carriers and shippers may extend time for delivery of goods by agreement express or implied-[Abdul Jalil Chowdhury v. The Muhammadi Steamship Company P L D 1961 S C 340 ref.]. JUDGMENT S. A. RAHMAN, J.----These are two certificated appeals arising out of a suit brought by the respondents for compensation for short delivery of goods transported from Karachi to Chittagong by the appellants in their vessel, "SS. Euthalia". It would be convenient to refer to the respondents and the appellants hereinafter as the plaintiffs and the defendants, respectively. The consignment in question consisted of 475 drums of coconut oil, 304 drums of cotton-seed oil and 2,800 bags of rape-seed. It was alleged in the plaint that 10 drums of coconut oil, 17 drums of cotton-seed oil and 91 bags of rape­seed were delivered short by the defendants who had themselves landed the goods from their ship at their private jetty in Chittagong, with the help of a lighter. Rs. 18,455-4-0 were claimed as the price of the goods not delivered, Rs. 1,845-8-0 as loss of profit at 10% of the cost price and Rs. 49-4-0 by way of incidental costs of notices, correspondence, etc., making a total claims of Rs. 20,350. The trial Judge found that the appellants had offered delivery of the ten drums of coconut oil and 17 drums of cotton-seed oil to the plaintiffs but the latter did not accept them on the plea that they were found to be empty or half-empty. This condition of the drums was, in the learned Judge's opinion, due to leakage therefrom as they were not…

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