NIRANJAN AGARWALLA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal raises two points for determination. One is whether notice under Section 80 of the Civil Procedure Code is at all a part of the cause of action. The other is whether, in any event, the place from where such notice is issued or posted gives the Court of that place jurisdiction.

(2.) The relevant facts on which these questions are raised may be stated briefly. The plaintiff instituted the suit against the then Dominion of India for a decree for the sum of Rs. 10,746-3-4p. for loss and short delivery of certain goods' sent over the Assam Railway. The places from where the goods were despatched were Sealdah and Wadi Bandar, G. I. P. Railway both outside the original jurisdiction of this Court. The destination of these goods was Cooch Behar also outside the original jurisdiction of this Court. The plaint pleaded service of the notice under Section 80 of the Civil Procedure Code on the General Manager of the Assam Railway also outside the original jurisdiction of this Court. The notices under Section 80 of the Civil Procedure Code in this case are of different dates in respect of the ten consignments and are printed in the Paper Book. The point to note about all these notices is that they were sent from 18, Amratolla Street, Calcutta, within the jurisdiction of this Court and addressed to the General Manager, Assam Railway, Pandu, outside the jurisdiction of this Court. G. K. Mitter, J. dismissed the suit on the preliminary ground that the Court had no jurisdiction to try the suit, without delivering a judgment. The plaintiff has appealed.

(3.) The learned Advocate on behalf of the appellant-plaintiff has challenged the decree of dismissal on the ground that the Court should have held that because the notices under Section 80 of the Civil Procedure Code in this case were sent from a place within the jurisdiction of this Court, this Court had the jurisdiction to try and determine this suit. It must be recorded here that the learned Advocate has abandoned his other grounds of appeal about the service of the notice under Section 77 of the Indian Railways Act being a part of the cause of action.