P.B.Mukharji, J. - (1.) This appeal can be disposed of on two points of (1) jurisdiction of the Court and (2) notice under Section 77 of the Indian Railways Act. The learned trial Judge dismissed the plaintiff's suit and held against the plaintiff on both these points. The plaintiff is the appellant before us.
(2.) Before discussing and deciding these two points it will be useful to make a short reference to the facts.
(3.) The plaintiff instituted the suit on the 11th November, 1948 as a commercial cause against the Dominion of India describing it as the 'successor of the former Central Government which owned the Bengal Assam Railway carrying on the business of carriage of articles and having its principal place of business at No. 3, Koilaghat Street, Calcutta'. The plaintiff's case is that he is a displaced person within the meaning of the Displaced Persons (Institution of Suits) Act, 1948. His pleading in the plaint is that he left Bogra in East Bengal which is now in East Pakistan in the last week of August 1947 and since then he alleges that he has been residing at 39, Netaji Subhas Road in the town of Calcutta and has been carrying on business there within the jurisdiction of this Court. The plaintiff pleads that on the 30th July 1947 he delivered to the Bengal Assam Railway 139 bags of Zeera (cummin seed) weighing 211 mds. 39 srs. and 7 bags of dry chillies weighing 7 mds. 10 srs. and the said Railway received and accepted the same for the purpose of carrying them by railway from Bogra, to Siliguri in India. The Railway granted the plaintiff a receipt being Receipt No. 917207 dated the 30th July 1947. The plaintiff's case is that the Railway failed to deliver those goods at Siliguri. The plaintiff pleads loss or destruction of these goods by the negligence or want of due care and diligence on the part of the Railway or its staff. The plaintiff claims a sum of Rs. 22,065/- as being the value of the goods lost. He pleads having given due notice under Section 77 of the Indian Railways Act and Section 80 of the Code of Civil Procedure. It is further pleaded in the plaint that under the provisions of Indian Independence (Rights, Properties and Liabilities) Order, 1947 and also under the general law the defendant, Dominion of India, is liable to pay the said sum.;