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1. I am in the course of hearing a summons dated 22nd July 1997 taken out on the part of the Defendant in this action. It is taken out pursuant to Order 14A of the Rules of the Supreme Court. The shape of the action is broadly thus: the Plaintiff is the unpaid seller of a cargo of bearings which was shipped from China via Hong Kong to Santos, Brazil. The Defendant issued the Bill of Lading. The goods were misdelivered. They were misdelivered to the buyer who had not paid the price. Accordingly,