1. The second defendant in C.S. No. 801 of 2013 has taken out this application seeking to reject the plaint in the above suit.

2. The case of the applicant is that the suit in C.S. No. 801 of 2013 has to be rejected as the same is barred by law and also on the ground that it does not disclose a cause of action. According to the applicant, the cause of action for the suit is explained in paragraph 16 of the plaint wherein it is stated that the cause of action for the suit arose on 06.3.2004 when the plaintiff exported 17 numbers of carton of leather goods to Naples, Italy, on 30.3.2004 when a pre-alert notice was sent to the plaintiff, on 27.7.2004 when the plaintiff wrote a letter to the second defendant to hold the shipment and on 11.8.2004 when the plaintiff had lost the goods and on 19.9.2013, the date of which the suit was filed. The main contention of the applicant is that the suit ought to have been filed on or before 11.8.2007 whereas it has been filed only on 19.9.2013 and, therefore, the suit is barred by limitation.

3. It is further stated in the application that the plaintiff had filed O.P. No. 659 of 2005 on the file of the District Consumer Disputes Redressal For