Jugolinija Rajia Jugoslavija and Another v. Fab Leathers Limited and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1985 Supreme(Online)(Cal) 10

CALCUTTA HIGH COURT
Sudhir Ranjan Roy, J
Jugolinija Rajia Jugoslavija and Another v. Fab Leathers Limited and Another

Advocates:
For the Appellants/Petitioners: Mr. Sarkar
For the Respondents: Mr. Dasgupta

Table of Content
1. jurisdiction and liability under hague rules. (Para 1 , 2 , 3)
2. contractual clauses regarding deliveries. (Para 4 , 5)
3. arguments regarding suit's timeliness and necessity for evidence. (Para 6 , 7 , 8)
4. judicial determination of effective delivery dates. (Para 9 , 10 , 11)
5. court's final ruling on the suit barreness and plaint rejection. (Para 12 , 13 , 14)

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 Art.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 O.7 R.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 Yugosl