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Madras High CourtA/6912/2018closed

M/S Canadian Crystaline Waters v. M/S Just Water (Tz) Ltd

2020-07-21Honourable Mr Justice C.V. Karthikeyan1 pages

A.No.6912 of 2018 A.No.6912 of 2018 in C.S.No.486 of 2016 C.V.KARTHIKEYAN,J.

This application is pending for the past two years which is an application seeking to frame a preliminary issue whether the suit is barred by Section 3 read with Article 55 of Limitation Act, 1963. 2.

Both the learned counsel stated that issue had also been framed and during trial, questions were also put to the witness of the plaintiff regarding the issue of limitation. Therefore, at this stage the said issue cannot be treated as a preliminary issue.

3.

Accordingly, this application is closed. However, there will be an obligation on both the parties to address this issue during the arguments and a finding would be rendered while delivering the judgment in the main suit. 4.

List the suit under the same caption on 05.08.2020. 21.07.2020 AT A.No.6912 of 2018 in C.S.No.486 of 2016 http://www.judis.nic.in