Law:

Section:

Contract Act (IX of 1872)--Ss. 151 & 152---Civil Procedure Code (V of 1908), S.34 & O.XV, R.4---Bill of lading---Carrier's duty---Right of endorsee---Scope---Defendant's failure to produce evidence---Effect--Plaintiff/exporter based in Pakistan sold goods (cloth) to a foreign company---Importer/other plaintiff was placed abroad---Plaintiff/exporter entrusted goods to defendant (shipping company) for their shipment abroad---Upon lading the goods on defendant's ship, the defendant's agent at Karachi issued bill of lading ' in favour of plaintiff/importer---Plaintiff/importer approached ship owner's local agent abroad for receiving delivery of consignment but the former was informed that consignment was not traceable---Plaintiffs-both exporter and importer jointly filed suit against defendant for recovery of amount i.e. value of consignment along with interest thereon---Validity---Defendant (shipping company) after filing written statement as well as counter claim failed to adduce evidence though several opportunities were given to it--Defendant when failed to adduce evidence in its defence, then its pleas taken in written statement were not to be considered except those which were purely legal or which were admitted by plaintiff in his evidence---In absence of any evidence of defendant, all factual pleas taken in written statement were to be ignored while deciding the controversy between the parties---When any consignment was entrusted to a carrier for delivery to a port of destination, then it was carrier's bounden duty to ensure that---Consignment reached designated port---If shipment did not reach its destination or even if it reached the destination but on account of negligence by carrier or its agent: the same was lost or mis-delivered and the real consignee or the endorsee of the bill of lading did not get the delivery of consignment, then the carrier was to be answerable to the shipper or consignee or endorsee of bill of lading for the lost shipment---Carrier in such situation could not absolve itself of the obligation by shifting its responsibility on port authorities--Shipper or consignee or the endorsee of the bill of lading had every right to…

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