PUTHUVAL ASSOCIATES Vs. ANL SINGAPORE PTE.LTD

JUDGEMENT

(1.) PETITIONER is the plaintiff in O.S.No.46 of 2010 of the Principal Munsiff's Court, Kochi. That is a suit for damages for breach of contract. Respondents, interalia contended that the suit is barred by limitation as it is filed beyond one year as provided under the Carriage of Goods by Sea Act, 1925 (for short, "the Act"). They also challenged territorial jurisdiction of learned Principal Munsiff, Kochi to entertain the suit and maintainability of the suit as against the second respondent/second defendant.

(2.) LEARNED Principal Munsiff framed issues among others whether the Court has territorial jurisdiction to entertain the suit, whether the suit is maintainable against second respondent/second defendant and whether the suit is barred by limitation. The first two of those issues were answered in favour of petitioner. But the third issue regarding limitation was answered against petitioner. Learned Munsiff found that the suit is barred by limitation as against respondents 1 and 2/defendants 1 and 2. Ext.P1, finding to that effect is under challenge.

(3.) SINCE the finding regarding limitation though as against respondents 1 and 2/defendants 1 and 2 results in a dismissal of the suit against them, remedy is to prefer an appeal against the judgment and decree that follows to the extent learned Munsiff has dismissed the suit against respondents 1 and 2/defendants 1 and 2. In that view of the matter, remedy is by way of appeal and not by way of this original petition.