Law:

Section:

(a) Carriage of Goods by Sea Act (XXV1 of 1925)--- ---- Sched., Art., IV, para. 1 --- Contract Act (IX of 1872), S.63 --- Limitation Act '(IX of 1908), Arts. 19, 30 & 31 --- Comparison of provisions of Arts. 30 and 31, Limitation Act, 1908 --- Suit against carrier for compensation for loss or injury to goods --- Limitation --- Period of one year for suit against carrier for loss or injury to goods from occurrence of loss or injury is prescribed --- Provision of Art.31, Limitation Act, 1908 prescribes like period of one year for a similar suit for non­ delivery, or delay in delivery, such period commencing from the date when goods ought to have been delivered --- Period of limitation for filing suit against carrier whether could be extended by mutual consent. Period of limitation prescribed by Article 30 of the First Schedule to the Limitation Act, 1908 in a suit against a carrier for compensation for loss or injury to goods, is one year from the occurrence of loss or injury. Similarly, in the next following Article 31, such period for a like relief for non-delivery of, or delay in delivering goods is an identical period of time of one year but, in such cases, running from the date the "goods ought to be delivered". Date of occurrence of loss or injury to the goods, where equivalent to non-delivery or short delivery thereof, is not always the date of discharge of the Cargo by the carrier. Thus when Article 30 prescribes a period of one year for a suit against a carrier for "losing or injuring goods" from the occurrence of loss or injury, a given case may fall under such Article as well as in the following Article 31 which prescribes like period of one year for a similar suit for non-delivery, or delay in delivery, the period commencing from the date the goods ought to have been delivered. This would be so in the event of loss of goods, which, in specific circumstances, could be equated with non-delivery or short delivery. In such cases, on established authority, it would be open to a plaintiff to frame the suit in a manner enabling him to take advantage of the maximum period available in either of these Articles. Taking up Article 30 first, the date of such…

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