FLYWAYS Vs. ALM LEATHER EXPORTS AND ORS

JUDGEMENT

(1.) The captioned Application has been filed by the Applicant/Original 2nd Defendant to decide the Issue Nos. 1 & 2 as the Preliminary Issues. The brief facts of the case are as follows:

(2.) It is the case of the 1st Respondent/Original Plaintiff that already similar issue has been decided by this Court and the Appeal filed as against the Order of this Court has also been withdrawn by the Applicant/Original 2nd Defendant. It is the contention of the 1 st Respondent/Original Plaintiff that the Application is not maintainable as the issue of limitation involves both question of fact and question of law. Hence, the 1st Respondent/Original Plaintiff prayed for dismissal of the Application.

(3.) The learned Counsel for the Applicant/Original 2nd Defendant submitted that cause of action for the Suit arose on 6.3.2007 whereas the 1st Respondent/Original Plaintiff has filed the Consumer Complaint on 31.3.2007. The issue of jurisdiction has also been raised by the Applicant/Original 2nd Defendant before the Consumer Forum. But knowing very well that the Applicant/Original 2nd Defendant was prosecuting the Complaint before the wrong Forum and that he has also withdraw the Appeal before the National Forum, the 1st Respondent/Plaintiff has filed the present Suit. No Application under Section 14 of the Limitation Act has been filed. Further, the 1st Respondent/Original Plaintiff has not shown due diligence of proceedings initiated in wrong Forum and 2007 itself, the original Plaintiff has knowledge about the jurisdiction. Hence, the Suit is barred by limitation and the Issue Nos. 1 & 2 have to be decided as the Preliminary Issues.