UNION OF INDIA Vs. KRISHNA PRASAD KATIYAR

JUDGEMENT

(1.) This petition in revision has been filed by the Union of India against Krishna Prasad Katiyar. The plaintiff-opposite party Krishna Prasad Katiyar had filed a suit in the court of Munsif, Sitapur, acting as Judge, Small Causes for recovery of damages for non-delivery of goods, which were booked at Bombay and delivered for carriage to Western Railway, Bombay. The goods were subsequently to be carried over on the North Eastern Railway and were to be delivered at Sitapur. The goods, however, were never delivered. It may be mentioned here that the suit was filed against the Union of India through the General Manager, Western Railway, Bombay. An objection was raised on be-half of the Union of India before the trial court that the Sitapur courts had no jurisdiction to try the suit. This objection was over-ruled and the Munsif held that he had jurisdiction. The Union of India thereupon appealed to the District Judge, Sitapur, challenging the finding of the Munsif on the question of jurisdiction and this appeal was dismissed by an order dated 23-8-1968 upholding the order of the Judges, Small Cause.

(2.) The present revision is directed against this order of the District Judge, Sitapur.

(3.) I have heard Sri N. Banerji and I am of opinion that the contention of the revisionist that the Sitapur courts had no jurisdiction, having regard to the claim under the suit, is sound and valid.