AIR INDIA Vs. DEVELOPMENT SERVICES INDIA PVT LTD

JUDGEMENT

(1.) THE suit in O.S.No.1704 of 1989 was initially filed by the plaintiff Development Services (India) Private Limited as against (1) M/s Spencer and Company Limited and (2) Oriental Insurance Company Limited. Subsequently, the said Oriental Insurance Company Limited, as per the order of the trial Court was transposed as Plaintiff No.

(2.) THEREAFTER, M/s K.L.M. Royal Dutch Air Lines was impleaded as one of the defendants. While so, the said M/s K.L.M. Royal Dutch Air Lines initiated third party proceedings under Order VIII A CPC as against Air India. 2. The appeal is focused as against the Cross judgment and decree dated 13.04.1994 passed by the learned II Additional City Civil Judge, Madras, in O.S.No.1704 of 1989. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

(3.) THE second defendant M/s K.L.M. Royal Dutch Air Lines, filed the written statement, the pith and marrow of it would run thus:-THE suit is barred by limitation. THE goods entrusted to D2 through Agent was inturn entrusted to Air India, D.3 for being transported to Singapore. But, when the goods were in the custody of Air India, D.3, it got lost. To that effect, D.3, also issued a certificate dated 30.10.1989. D.2 came to know about the loss of consignment only on 19.09.1998, upon receipt of the letter addressed to D2 by the first plaintiff. Second Plaintiff also paid compensation relating to loss of goods and as such no cause of action survives. Accordingly, D.2 M/s K.L.M. Royal Dutch Air Lines prayed for dismissal of the suit.