UNION OF INDIA Vs. C R PRABHANNA

JUDGEMENT

(1.) The question that arises for consideration in this second appeal relates to the jurisdiction of the trial Court to entertain the suit out of which this appeal arises .

(2.) The plaintiff's in OS.No.581 of 1967 on the file of the Munsiff, Tumkur, instituted the said suit for recovery of damages or compensation for loss of goods which had been consigned by defendant-3 under Railway Receipt No.344699 Invoice No.C-42 dated 18-9-1965 at Wadi Bunder Railway Station, Bombay, in favour of the plaintiffs. The place of destination of In goods wag mentioned as Bangalore Citv Railway Station in the said Railway Receipt. Defendant-3 sent the Railway Receipt to the plaintiffs through the State Bank of Mysore, Tumkur Branch, Tumkur. The plaintiffs paid the amount payable to defendant through the State Bank of Mysore, Tumkur, and took delivery of the Railway Receipt with the endorsement made in their favour by the Bank, The goods in question were not delivered to the plaintiffs till about January 1966. The plaintiffs, therefore, issued a notice to the Chief Commercial Superintendent of the Southern Railway and thereafter filed the suit on 4-10-1967 in the Court of the Munsiff, Tumkur, for compensation or damages for loss of goods which had been booked in their favour by defendant-3. The suit was contested on the ground thai the Court of the Munsiff at Tumkur had no territorial jurisdiction to entertain the suit in view of the provisions of S.80 of the Indian Railways Act as substituted by the Indian Railways (Amendment) Act, 1961 (39 of 1961). The trial court over-ruled the Objection of the Southern Railway regarding the territorial jurisdiction and decreed the suit. The lower appellate court has affirmed it. Hence this second appeal by the Union of India.

(3.) Section 80 of the Indian Railways Act as it is in force now reads :