M R M SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal raises an interesting question as to the forum for appeal against a decree of a Munsiff in a case, originally instituted in a District Court, but subsequently transferred to the Munsiffs Court for trial and disposal.

(2.) The suit is by a consignee of goods for damages for non delivery of goods. The 1st defendant is the Union of India represented by the General Manager of the Southern Railway. The 2nd defendant is the consignor company.

(3.) Under S.21 of the Travancore-Cochin Civil Courts Act, XXII of 1951, suits or other proceedings against the Union of India were to be instituted only in the District Court having local jurisdiction. Accordingly, this suit was filed as O.S. No. 37 of 1954 in the District Court of Trivandrum.