STATE OF KERALA Vs. UNION OF INDIA

JUDGEMENT

(1.) State of Kerala filed O.S. No.161/82 before the Sub Court, Mavelikkara for recovery of an amount Rs. 18,686.78 with future interest and cost as damages for short delivery. Plaintiff was described as Superintending Engineer, Pamba Irrigation Project Circle, Chengannur for and on behalf of the State of Kerala. The defendant was described as Union of India, represented by the General Manager, Southern Railway, Madras. Suit was filed on 8-12-1982. On the same date summons was ordered to the defendant. It would appear from the order sheet that subsequently on 22-6-1983 the Court ordered the suit to be posted for hearing on the question .of maintainability and jurisdiction. The learned Government Pleader was heard on behalf of the plaintiff By order dated 30-6-1983 the Court rejected the plaint under O.7 R.11(d) C.P.C. According to the learned Subordinate Judge who passed that order, the rejection was made on two grounds. One was that the description of the plaintiff was irregular. The plaintiff should have been described as Kerala State, represented by the Superintending Engineer, Project Circle, Chengannur. The second ground was that since the defendant was Union of India and the plaintiff was the State of Kerala, under Art.131(a) of the Constitution of India only the Supreme Court of India had jurisdiction to try the suit.

(2.) The plaintiff filed a petition for reviewing that order. In that petition it was submitted that the lower court had jurisdiction to try the suit. It was also pointed out that plaintiff was properly described and that the description of the defendant as the Union of India, represented by the General Manager of Southern Railway was proper.

(3.) There was delay in filing the review petition. So the review petition was accompanied by an affidavit and petition explaining the reasons for condoning the delay. The petitions were filed on 9-4-1984. The lower court by the order challenged in this C.R.P., dismissed the review petition. The State is challenging that order in this C.R.P.