Striking off as a party

Contention of defendant-carrier was that once container was delivered to the consignee or their clearing agents the responsibility of carrier or its local agents would cease to exist

Validity

No intervention of carrier-defendant was on record in the packing of cargo and entire cargo was loaded and packed by the consigner for which carrier-defendant could not be held liable for negligence occurred during handling of container after same was discharged from the vessel in safe and sound condition

Container toppled off the trailer which turned turtle due to rash and negligent driving of its driver

Once cargo was discharged from the ship and freed from the ship's tackle the liability of carrier would end immediately

Defendant-carrier had no connection with the incident which had taken place resulting in death of the deceased

Application for striking off carrier-defendant from the title of plaint was allowed.