The Chennai (Madras) High Court held that there was no negligence on the part of the defendant or their employees, but it is only due to the negligence on the part of the stevedores, who were not a party before the instant Court, the damage had been caused. Further, in a case of the Supreme Court "necessary party" has been defined as a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the Court. If a necessary party is not impleaded as a party, it would be fatal to the suit. Therefore, the suit is bad for non-joinder of proper and necessary party. Furthermore, the consignment was brought safely to the Port of discharge by the defendant and the accident had occurred only after the goods have been safely brought to the Port of discharge. The liability of the defendant is only from Port to Port. Remaining contentions were also rejected.
As such, the suit was dismissed.
01-Sep-2016 read more