CLASSIC CARPETS Vs. CONTSHIP CONTAINER LINES

JUDGEMENT

(1.) THIS motion is taken out by defendant No.1 for two reliefs (i) that suit be dismissed as it does not disclose cause of action or it is barred by law of limitation in view of article (3), rule VI of Carriage of Goods by Sea Act, 1925 and (ii) that as leave under clause XII of Letters Patent has not been obtained, suit will have to be dismissed. This motion is taken on 16.9.1994. In spite of service, plaintiffs have not filed affidavit in reply. Application was made for adjournment, which I refused.

(2.) DEFENDANT No.2 to the present suit has been deleted at the plaintiff's request by order dated 10.11.1990.

(3.) PLAINTIFFS in para 16 and 17 have stated as under :