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1968 Supreme(Ker) 22

K.SADASIVAN
MERCANTILE STEAM NAVIGATION COMPANY – Appellant
Versus
THANULINGOM PILLAI – Respondent


Judgment :-

1. The defendant in S. C.12 of 1965 on the file of the Munsiff Court, Cochin is the revision petitioner. The main question raised in this revision petition is whether S.14 of the Limitation Act could be applied in a suit for damages filed under the Carriage of Goods by Sea Act (shortly stated the Act).

2. The plaintiff in this suit is one Thanulingom Pillay, Proprietor, Messrs. K. S. T. Subbiah Pillay and Bros., Hardware merchants, Chalai, Trivandrum, and the defendant is the Merchant Steam Navigation Company (Private) Limited, represented by their agent Bhangee Jeevath Khona, Bazaar Road, Cochin. The suit was laid in the District Munsiff 's Court, Trivandrum in the first instance for recovery of damages to the extent of Rs. 266.83 Ps. for short delivery of two bundles of copper wire despatched to the plaintiff from Bombay by the steam ship s. s. Victoria Marie belonging to the defendant. The suit was filed on 13-11-63. The Munsiff of Trivandrum holding that he has no jurisdiction to entertain the suit, returned the plaint on 23-12-64 for presentation before the proper court. In the order returning the plaint, the learned Munsiff had given time limit till 17-1-65 for its




















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