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1984 Supreme(Cal) 298

A.K.SEN, SUDHIR RANJAN ROY
JUGOLINIJA RAJIA JUGOSLAVIJA – Appellant
Versus
FAB LEATHERS LTD. – Respondent


Advocates Appeared:
AMITABHA GANGULY, DOLA ROYCHOWDHURY, Sudhis Das Gupta, SUDIPTO SARKAR, SWAPAN ASH

ANIL K. SEN, J.

( 1 ) THIS revisional application raises a short point as to whether the plaintiff's suit is prima facie barred by law as against defendants Nos. 1 and 2 or not in view of clause (vi) of Article 3 of the Rules adopted by the International Conference on Maritime Law commonly known as Hague Rules. The defendant Nos. 1 and 2 are the petitioners before us. The order impugned is one dated September, 30, 1983, passed by the learned Judge, 3rd Bench, City Civil Court, Calcutta, in Money Suit No. 186 of 1981. By the order impugned, the learned Judge has rejected an application filed by the defendant Nos. 1 and 2 under Order 7 Rule 11 of the Code for rejection of the plaint so far as they are concerned on the ground that it is so barred under the said clause. The defendant No. 1 is a company incorporated under the laws of Yugoslavia and defendant No. 2 is a local agent of defendant No. 1.

( 2 ) SINCE the disputed issue has to be decided only on the plaint it would be necessary to set out the plaintiff's case in material particulars. The plaintiff carries on business in manufacture and sale of leather products and for such business the plaintiff is required to import variou















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