Indian Kanoon - Search engine for Indian Law

10. Since the substantial questions of law are common for all the three second appeals, all the three second appeals are disposed of by a common judgment.

Submissions of the learned counsels:

11. Learned counsel for the Appellant/first defendant would submit that in all the three suits, the first defendant has made a reference in their written statements to Article III Rule 6 of the Indian Carriage of Goods by Sea Act, 1925 which apply to the consignments imported by the respective first plaintiff in all the three suits. According to him, reference has been made to the Indian Carriage of Goods by Sea Act, in the written statement, only for the purpose of highlighting the fact that the Indian Carriage of Goods by Sea Act is also based on International Convention of Carriage of Goods by Sea Act held in Brussels i.e., Hague Rules as would be seen from the preamble of the said Act and the terms and conditions of the bills of lading issued in all the three suits. According to him, Indian Courts have consistently applied that Article III Rule 6 of the Hague Rules which relates to “Extinguishment of liability” https://www.mhc.tn.gov.in/judis/  S.A.Nos.1245 to 1247 of 2007 of the carrier is one year from the date of discharge of the goods at the discharge port.

13. Learned counsel for the Appellant/first defendant would further submit that in all the bills of lading issued for the subject consignments by the first defendant, it has been clearly incorporated on the face of the respective bills of lading that the provisions of Hague https://www.mhc.tn.gov.in/judis/  S.A.Nos.1245 to 1247 of 2007 Rules or Hague – Visby Rules as incorporated therein shall be applicable. According to him, under the Hague Rules, or Hague Visby Rules, the right of cargo interests to sue is extinguished after one year from the date of delivery of consignments at the discharge port.

46. Even though, during the course of his arguments, the learned counsel for the Appellant/first defendant submitted that the Hague Rules or Hague-Visby Rules as the case may be applies to the subject consignments, the substantial questions of law raised by the Appellant/first defendant in these second appeals does not disclose the same. Infact, in the written statement filed by the Appellant/first defendant before the trial court, there is no specific plea made by the Appellant/first defendant that the Hague Rules or Hague-Visby Rules as the case may be applies to the subject consignments. Under the Code of Civil Procedure, there must be a specific plea in the written statement with regard to the contentions raised by the first defendant. Indian Carriage of Goods by Sea Act, 1925 relates to claims against the sea carrier only in respect of damage to the cargo in ships from any Port in India to any other Port whether in or outside India.

3. Denial to be specific- It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each allegation of fact of which he does not admit the truth, except damages.”

50. In the case on hand, no specific plea has been taken by the first defendant in its written statement that Hague Rules or Hague Visby Rules as the case may be is applicable for the subject consignments. Infact, the first defendant has only specifically pleaded that Indian Carriage of Goods by Sea Act, 1925 is applicable to the subject consignments, though as observed earlier by this Court, the said enactments is not applicable to the subject consignments in view of the fact that the cargo has arrived from a foreign port. When there is no pleading that Hague Rules or Hague-visby Rules is applicable to the subject consignments and when there is no oral evidence in support of the said contentions, the said contention raised by the learned counsel for the Appellant/first defendant during the course of his arguments is only an afterthought and cannot be accepted by this Court. https://www.mhc.tn.gov.in/judis/  S.A.Nos.1245 to 1247 of 2007