The learned companynsel appearing for the respondent took an objection that the learned Judge should number have decided the question of limitation as a preliminary issue, especially when that question did number arise, merely on the basis of allegations made in the plaint.
The learned Judge decided the question of limitation as a preliminary issue and came to the companyclusion that the suit was number barred by limitation.
The plaintiff respondent filed the suit in question claiming an amount of 1,87,769.40 along with interest as damages for number delivery of the goods to the companysignee.
Apart from other defences which were taken on behalf of the appellant in the suit, a specific defence was taken that the suit itself was barred by limitation.
This Court has pointed out the undesirability of deciding a suit on a preliminary issue.
This appeal has been filed against the said order.
The goods in question were carried by the appellant to London.
The defendant is the appellant before this Court.
