KERALA STATE Vs. GENERAL MANAGER SOUTHERN RAILWAY MADRAS

JUDGEMENT

(1.) This appeal has been referred to a Full Bench for an authoritative pronouncement on the question of law arising for consideration in the case.

(2.) The plaintiff in the case is the State of Kerala and the defendant, the Southern Railway, represented by its General Manager. The suit was to recover damages on account of short delivery. The plaintiff booked 2000 tons of rice in 21310 bags from Bareilli Railway Station on Railway Risk for being transported to Trivandrum Central Station. It was alleged that rice delivered at the Trivandrum Central Railway Station was short by 79378-lbs. and that out of the quantity delivered, 327 bags were found to be damaged. The plaintiff claimed Rs. 28,208.70p. as damages.

(3.) The defendant contended that the suit was not maintainable as the Union of India was not made a party to the suit and that a suit by a State against the Union of India could be instituted only in the Supreme Court of India under Art.131(a) of the Constitution. The other contentions of the defendant need not be mentioned here as they are not necessary for the disposal of this appeal. The Trial Court raised 9 issues and on the basis of a petition put in by the defendant for hearing certain issues as preliminary issues the court below has heard arguments on those issues and entered findings on them.