50/2015 Suit Waterlink Pakistan (Pvt) Ltd. (Plaintiff) V/S Farrell Lines & Others. (Defendant)

50/2015 Suit Waterlink Pakistan (Pvt) Ltd. (Plaintiff) V/S Farrell Lines & Others. (Defendant) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 02-JUN-15

"Civil Procedure Code (V of 1908).-- ---O. XXXVIII, R. 5---Attachment before judgment---Transportation of goods from one country to another---Breach of obligation---Attachment of container-- Word ""intent""---Scope---Plaintiff had sought attachment of containers which were belonged to Shipping None of the containers sought to be attached could be deemed to be in Pakistan as ultimate destination of such goods was Afghanistan---Said goods were only available at Port in Pakistan for the purpose of clearance and transshipment i.e. for transit period only---Plaintiff had no claim with regard to the containers-,-- Detention charges must have been accrued for shipping line---Goods did not belong to the consigner rather same belonged to the consignee in Afghanistan-Goods were neither deemed to have arrived or existed in Pakistan nor it would belong to consignor for the purpose of attachment-- Plaintiff had no privity of contract with the consignee---Present suit had not been filed against the consignee of the attached goods but against contractor of the consignee against whom plaintiff had a claim of recovery---Neither containers nor the goods therein were liable to be attached for the purpose of claim of plaintiff---Goods were meant to be transshipped to Afghanistan which were in Pakistan only in transit---Goods were not removed with ""intention"" to frustrate the decree which might be passed-- Application for attachment of goods was dismissed in circumstances."