Salil Kumar Datta, J. - (1.) The only point for consideration in this appeal is whether the suit is barred under provisions of Order 2, Rule 2 of the Code of Civil Procedure. The plaintiff consigned 250 baskets of beedies on June 16, 1947, through the railways for their transport from Sealdah Railway Station to Ransapore Railway Station in Assam on the basis of agreement contained in the Railway Receipt No. 857964 of even date. Out of 250 baskets, 209 baskets were delivered on or about September 6, 1947, in damaged condition and contents from some baskets were pilfered while 41 baskets were not delivered at all. For the recovery of the damage caused by short delivery and also delivery of the beedies in damaged condition the plaintiffs instituted in the Court of Small Causes. Calcutta on February 20. 1948, a suit valued at Rs. 1890/ 11/- and the suit was decreed. For damages for non-delivery of 41 baskets the plaintiffs filed a suit on September 1, 1948, in the High Court at Calcutta. On February 29, 1956, the High Court dismissed the suit on the ground that it had no jurisdiction to try the suit. Thereafter on March 1. 1956, the present suit was instituted. The suit was valued at Rs. 6560/- as compensation for non-delivery of the said 41 baskets of beedies, Rs. 59/12/- was claimed for refund of railway freight paid and Rs. 50/- as legal expenses in all for Rs. 6619-12 annas.
(2.) Union of India, the defendant, contested the suit and denied the liability for compensation and it was further contended that the suit was barred under provision of Order 2, Rule 2 of the Code of Civil Procedure.
(3.) At the hearing of the suit, the only objection which was urged on behalf of the defendant was that the suit was barred by Order 2, Rule 2 of the Code. The trial Court accepted the said contention and dismissed the suit and the appeal therefrom was also dismissed. The present second appeal arises out of the said appellate decree.;