EDUARD BILYAYEV vs M.V — 2022 PLD 21 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 PLD 21 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: PLD
Parties: EDUARD BILYAYEV vs M.V
Subject matter: Civil
Provisions referred to: S. 4; Civil Procedure Code (V of 1908); High Courts Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

EDUARD BILYAYEV VS M.V. "FIGARO" (EX-FREE GODDESS) through Messrs Commercial Metal Ss. 3, 4 & 7---Civil Procedure Code (V of 1908), O.VII, R.11---action in rem---Scope---Rejection of plaint---Sale of ship---appellants/ plaintiffs sought recovery of outstanding wages from respondent/ defendant company on the plea that it was beneficial owner of ship in question---Trial Court rejected plaint filed by appellants/ plaintiffs for the reason that the ship had already been sold---Validity---action in rem could be invoked against ship or property against which maritime lien was claimed by plaintiff---Maritime lien was a privileged claim which could be exercised over res (ship)---Such claim occurred the moment cause of action had arisen and travelled with the res (ship) secretly and unconditionally and could be enforced by an action in rem---Such right only extinguished when ship was demolished--- action in rem against ship or her sister ship arose subject to condition enumerated in S. 4(4) of admiralty Jurisdiction of High Courts Ordinance, 1980---Purchaser/vendee of ship filed application under O. VII, R. 11, C.P.C. along with bill of sale, whereby ship in question was owned/purchased through a leasing company free from all encumbrances---Sale document was not denied specifically by appellants/plaintiffs at the time when suit was filed--- Beneficial title in ship in question was passed on to new owner and condition laid down by S. 4(4) of admiralty Jurisdiction of High Courts Ordinance, 1980, was not satisfied---High Court declined to invoke action in rem against the ship, particularly when the ship had been demolished---appeal was dismissed, in circumstances. Head NotesCase Description

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