UNION OF INDIA Vs. LADULAL JAIN

JUDGEMENT

(1.) This appeal, by special leave, is directed against the order of the High Court of Assam rejecting the revision application, under S. 115 of the Code of Civil Procedure, hereinafter called the Code, of the appellants against the order of the Additional Subordinate Judge, Gauhati in a money suit to the effect that he had jurisdiction to try the suit.

(2.) The contention of the appellants is that this view of the Subordinate Judge, confirmed by the High Court, is wrong.

(3.) To appreciate the contention for the appellants, the facts of the case may be stated. The suit was instituted by the plaintiff respondent against the Union of India and the Northern Frontier Railway represent by the General Manager, having its headquarters at Pandu. It related to a claim for recovery of a sum of Rs. 8,250/- on account of non-delivery of the goods which had been consigned to the plaintiffs firm run under the name and style of M/s Ladu Lal Jain. The consignment consisted of 134 bags of rice and was booked from Kalyanganj station of defendant No. 2 for carriage to Kanki station of the same defendant on April 13, 1958. The goods consigned were not delivered to the plaintiff and hence the suit after serving a notice under S.77 of the Indian Railways Act on the defendant railway and also serving a notice under S. 80 of the Code. It was alleged in the plaint that the cause of action arose at Pandu within the Jurisdiction of the Court at Gauhati, the place where notice under S. 80 of the Code was duly served upon the defendant railway and that the suit was filed in the Court within the jurisdiction of which the defendant railway had its principal place of business by virtue of its headquarters being at Pandu. The two defendants filed a joint written statement.