MOHD. SULTAN Vs. OSWAL WOOLEN MILLS LTD.

JUDGEMENT

(1.) THIS Civil Ist. Appeal has been filed by firm Mohd. Sultan and Co. through its proprietor Mohammad Sultan S/o Mohammad Jamal R/o Kothibagh Pattan against the judgment of Principal District Judge, Srinagar dated 12.10.2000 in a COS No. 119/1997.

(2.) THE appellant firm filed a suit for damages for Rs. 15 lacs against M/s Oswal Woolen Mills Limited through its Managing Director and another in this Court on 13.08.1997. It was the case of the appellants that Mohd. Sultan S/o Mohammad Jamal R/o Kothibagh Pattan is running business in the name of M/s Mohd. Sultan and Sons dealing with carpets and teazels. He is the sole proprietor of the firm. According to him, on the motivation and assurance of the defendants he started producing teazels which the defendants required for manufacturing of woolen goods.

(3.) DURING the pendency of the suit, the suit was transferred to the court of Pr. District Judge, Srinagar. The defendants before the trial court raised three preliminary objections regarding the jurisdiction, maintainability of the suit and limitation. The following issues were struck by the trial court on these objections: -