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1973 Supreme(Ker) 142

P.SUBRAMONIAN POTI, K.BASKARAN
UNION OF INDIA – Appellant
Versus
SCINDIA STEAM NAVIGATION CO. LTD. – Respondent


Judgment :-

1. The question that we are concerned with in this appeal is one of limitation in a suit for recovery of money said to be the value of goods short-delivered to the plaintiff, the Union of India owning Southern Railway. The defendant, the Scindia Steam Navigation Company Ltd., a shipping company is engaged in the business of undertaking the carriage of goods by sea. The court below has held that the claim for recovery of the value of goods short-delivered is barred by limitation since the suit has been instituted more than one year after the date the goods were short-delivered. That the suit was filed before the Subordinate Judge's Court of Cochin more than one year after the goods were short-delivered is not disputed. But it is said that earlier, a suit was filed before the City Civil Court, Madras and it was re¬presentd in the Cochin court finding that it ought to be filed in the said court. It is said that the plaintiff bona-fide believed that the suit was to be instituted in the City Civil Court, Madras and if S.14 of the Limitation Act, 1908 (which is the Limitation Act applicable to the case) is applied, then the suit would be in time. In other words, in computing










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