UNION OF INDIA Vs. ANCHERY LONAPPAN AND KAKOO

JUDGEMENT

(1.) A Trichur merchant filed a suit for damages for non-delivery of goods sent to him by rail. The Union of India represented by the General Manager, Southern Railway and the consignor were made defendants. As a matter of fact, the goods were booked with the contractor, Sitamau Out Agency, Mandasor. Hence the 1st defendant-Railway filed an interim application under Order VIIIA, Rule 1 and Section 151 of the Civil Procedure Code to 'implead' the contractor, Sitamau Out Agency, The learned Sub Judge it seems, opened a bare Act of the Civil Procedure Code published by the Law Publishers, Allahabad and passed the following order :

(2.) Sections 122 and 128 of the Code of Civil Procedure read :

(3.) The Civil Revision Petition is disposed of as above. There will be no order as to costs.