MUJAFFAR AHMED Vs. KARIM BAKSH

JUDGEMENT

(1.) The only question which arises in this rule is whether the plaintiff's claim is barred by limitation.

(2.) The learned Munsif has held that the suit is barred under Articles 30 or 31, Schedule 1, Lim. Act, having been instituted more than one year after the date when the loss or injury took place or when the goods ought to have been delivered.

(3.) Shortly stated the facts which have not been controverted are that the plaintiff put the goods on the defendant's ferry boat for conveyance and himself got on to it. Other passengers with their goods also did so. The plaintiff found that the boat was being overloaded and feeling it unsafe to travel on it, he got down and wanted to take down his goods but the defendants refused to allow him to do so. Notwithstanding the plaintiff's protest the boat started on its journey with his goods and capsized on the way and the goods were lost. The claim is for recovery of price of the goods.