GULF AIR CO Vs. NAHAR SPINNING MILLS LTD

JUDGEMENT

(1.) Aggrieved by the order dated December 1, 1998, passed by the Civil Judge (Senior Division), Ludhiana, the defendant-petitioner i.e., Gulf Air Company (hereinafter referred to as the petitioner-company), has filed this revision petition under Section 115 of the Code of Civil Procedure, 1908, (hereinafter referred to as "the Code").

(2.) A suit for recovery of Rs. 22,39,450 including interest, was filed by plaintiff-respondent No. 1 i.e., Nahar Spinning Mills Ltd., Ludhiana (hereinafter referred to as the respondent-mill). The amount relates to the recovery of the price of goods sold by the respondent-mill to defendant respondents Nos. 2 and 3. The suit against the petitioner-company is based upon the air way bill dated December 14, 1992.

(3.) Along with the written statement, the petitioner-company filed an application under Order VII, Rules 10 and 11 of the Code and prayed for rejection of the plaint on the ground that the respondent-mill had not disclosed any cause of action and that the courts at Ludhiana did not have the jurisdiction to entertain the suit in view of Rule 29 of the Second Schedule to the Carriage by Air Act, 1972, (hereinafter referred to as "the Act").