UNION OF INDIA Vs. INDUMATI SAHA

JUDGEMENT

(1.) This is an appln. for revn. of an order, dated 29-4-1960, passed by an Addl. Dist. J. of 24-Pergannas.

(2.) The facts are briefly as follows: On 30-1-1946, sixty-five bags of tobacco were booked by the pltf. opposite party from Nilphamari, a station on the B. A. Rly. Administration for carriage & delivery to him at Khulna which is also on the same Rly. Administration. Both the stations are now within the Dominion of Pakistan. On 8-2-1946, the pltf. was given delivery of only forty, five bags out of sixty-five bags, the balance having been lost in transit. On 22-1 1947, the pltf. instituted a suit against the then Governor-General of India in Council as representing the B. A. Rly. Administration. This suit was instituted in the Ct. of the Subordinate Judge at Khulna, & it was based on a claim for compensation for short delivery of consignment. On 15-7-1948, the Khulna Ct. ordered the return of the plaint to the pltf. holding that the liability was of the Indian Dominion. Thereupon on 80-7-1948, the plaint was refiled in the Ct. of the Subordinate Judge at Alipore against the Dominion of India as representing the E. I. Rly. Administration.

(3.) The present petnr. viz., the Union of India, as representing the E. I. Rly. Administration, filed a written statement submitting inter alia that the Alipore Ct. had no territorial jurisdiction to try the suit inasmuch as no part of the cause of action arose within the jurisdiction of that Ct. The trial Ct. found in favour of the pltf. on the merits, but gave effect to the plea of the present petnr. relating to want of jurisdiction, & ordered the return of the plaint. The pltf. opposite party filed an appeal, & an Addl. Dist. J., Alipore, allowed the appeal, & directed the Trial Ct. to proceed with the suit in accordance with law & decree the same in favour of the pltf. The present Revn. appln. is directed against this order of the Addl. Dist. J.