Law: Limitation Act (IX of 1908)

Section:

Limitation Act (IX of 1908), Art. 31-Carriage of goods Short delivery-Limitation begins to run from date when goods short delivered-Promise by carrier to pay damages for short delivery ----will not change starting point of limitation. JUDGMENT   This Rule was obtained by the defendants against the deci sion of the Subordinate Judge, 2nd Court, Chittagong, decreeing the suit brought by the opposite-party for recovery of a sum of Rs. 394-6 as compensation for short delivery. The petitioner companies were the carriers in respect of 210 bags of sea salt weighing 420 maunds from Chittagong to Chandpur. The bags were delivered to the plaintiff on 10-1-57, but they were weighed on 17-1-57, and it was found that there was shortage of 52 traunds 23 seers and 8 chattaks of salt. The plaintiff thereafter submitted a claim and after some correspondence between the parties the present suit was filed on 21-5-58.   The defence of the defendants inter alia was that the suit was barred by limitationand that in view of Exh. D, the Risk. Notes, the plaintiff was not entitled to claim any compensation from the defendants. The learned Subordinate Judge negatived both the contentions of the defendants and decreed the suit for the full amount claimed by the plaintiff.   Two points have been raised in support of the Rule. The first being that the suit wasclearly barred by limitation. It is contended that the present suit comes under Article 31 of the Limitation Act and it is submitted that the starting point of limitation would be the date when the goods were delivered to the plaintiff. The learned Subordinate Judge, however, has held that since the plaintiff wrote letters to the defendants and the defendants by their two letters intimated that the matter was being enquired into, the starting point of limitation would be the date when the last letter by the defendants was written. The defendants on 8-2-57 wrote Exh. 6 saying:   "The matter is receiving our attention without prejudice and we will revert in course due."   In Exh. 9, dated 3-6-57 the defendants said:   "We have to advise that the matter has been placed under enquiry, without…