UNION OF INDIA Vs. MADAN MOHAN GOUR

JUDGEMENT

(1.) The appellant of this appeal is the Union of India representing two Railway Administrations, namely, the East Indian Railway and the East Punjab Railway, which are now known respectively as the Eastern Railway and the Northern Railway.

(2.) The suit was originally instituted by the plaintiff-respondent who carries on business under the name and style of the Associated Commercial Corporation at 7, Swallow Lane, Calcutta, in the High Court for recovery of a sum. of Rs. 63,576/- as price of 883 cases of tinned bacon, each case containing 36 tins of two pounds each. The case of the plaintiff was that from out of a consignment of 3349 cases, the Railway Administrations could not give delivery of 883 cases. The facts of the case will appear in larger details in the body of the judgment. For want of jurisdiction the High Court passed an order dismissing the suit On 10th September, 1952 and on the same day the plaint was re-filed in the First Court of the Subordinate Judge at Howrah.

(3.) A defence was filed by the Union of India contesting the suit on various grounds which shall be indicated presently.