CHUNILAL RIKHABCHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners in these revision applications had filed suits in the Poona Small Cause Court against the Union of India representing one or more of the Railway Administrations for damages caused by loss or injury to goods carried by railway. The suits having been dismissed by the Trial Court the petitioners have approached this Court in revision. When the revision applications reached hearing before Mr. Justice Abhyankar, the learned Judge felt some doubt on whether such suits could be entertained by a Court of Small Causes. The learned Judge, therefore, referred these revision applications for the decision of a Division Bench.

(2.) BEFORE dealing with these revision applications on the merits, It Is desirable to consider whether the suits were rightly entertained by the Poona Small Cause Court. The jurisdiction of the Court to try these suits was not questioned on behalf of the Union of India at the trial. To bur knowledge suits of this nature have been always entertained by Courts of Small Causes when - the suits lay within the Courts' pecuniary jurisdiction.

(3.) SECTION 32 of the Bombay Civil Courts Act, 1869 provides in Sub-section (1) that no subordinate Court other than the Court of a Civil Judge, Senior Division, and no Court of Small Causes shall receive or register any suit in which the Government or any officer of the Government in his official capacity Is a party. Sub-section (3) of Section 32, however, lays down certain exceptions to this rule, Sub-section (3) says inter alia that nothing in Section 32 shall be deemed to apply to a suit against the administration of a Government railway. Consequently, the question whether the present suits were , rightly filed in the Poona Small Cause Court depends on whether they fell within the cognizance of that Court under the relevant provisions -of the Provincial Small Cause Courts Act, 1887.