Article 8: (Art. 8 of Act of 1908)
The period of limitation for a suit for the price of food or drink sold by the keeper of a hotel, tavern or lodging house is three years and the time from which period begins to run is when the food or drink is delivered.
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ADVERTISEMENTS:
In Pershad v. The firm of Union, (AIR 1940 Rang. 17), it has been held that food and drink, the price of which would come under the Article 8, must be meals or articles of food which are either consumed on the premises or are sent out or taken away by the consumer, which are intended for, or capable of immediate consumption in the State in which they are sent out, that is to say, without cooking. If from the restaurant is sent out, for instance, a case of beer, that would scarcely be drink in that sense of the word. It would be goods, and the same principle applies to articles in tins which do not require immediate consumption.