Law:

Section:

(a) Karachi Port Trust Act (VI of 1886)--- ---- Ss.47, 87 & 88 --- Contract Act (IX of 1872), Ss.151, 152 & 162-Statutory bailee --- Loss of consignment --- Goods discharged and kept in Warehouses of Port Trust at risk and responsibility of owner of goods---Consigmnent of sixteen iron drums containing dyes etc. was shipped from abroad, handed over to appellant and taken delivery of at Karachi Port --- Out of sixteen drums, eight were found stolen --- Evidence of witnesses examined on behalf of appellant and documents which were produced showing that a consignment of sixteen drums was landed at Karachi Port Trust Shed and shifted to Central Warehouse and respondent received delivery of seven drums --- Appellant placed before Trial Court all necessary facts, facts exclusively within knowledge of Karachi Port Trust as to how consignment Was dealt with --- Appellant's evidence showed that theft was not attributable to appellant and it was beyond its control --- Appellant had established that if had taken all reasonable care which an ordinary man would have exercised, yet theft occurred and thief was caught red-hand and handed over to Police---Appellant, held, was not responsible for the loss of drums. Karachi Steam Navigation Co. Ltd. v. Ibrahim Gani PLD 1957 (W.P.) Kr. 315; Abdul Jahl Choudhry v. The Muhammadi Steamship Company Ltd. and another PLD 1961 SC 340; East and West Steamship Company v. Hossain Brothers and others PLD 1968 SC 15; Farook Omar v. National Security Insurance Company Ltd., Karachi and another PLD 1974 Kar. 321; Messrs Tar Muhammad & Co. v. Messrs Maldivian National Corporation (Ceylon), Ltd. and another PLD 1968 SC 15; PLD 1983 Kar. 242; 1969 Kar. 495; Morris v. C.W. Martin and Sons Ltd. (1965) 2 AER 725; (1966) 1 QB 716; Global Dress Co. Ltd. v. W.H. Boase & Co. (1986) 2 Lloyd's Report 72; Learoyd Brothers & Co. and Hudders field Fine Worsteds v. Pope and Sons (Dock Carrier, Ltd. (1966) 2 Lloyd's Report 142; Gillehrist Watt & Sanderson Pvt. Ltd. v. York Products Pvt. Ltd. (1970) 3 All ER 825; Messrs Karim Commercial Co. Ltd. v. The United Oriental Steamship Co. and 2 others PLD 1970 Kar. 427; Messrs Eastern Insurance…

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