HARI MOHAN DUTT Vs. DOMINION OF INDIA

JUDGEMENT

(1.) The suit is by the endorsee of a Railway Receipt for compensation for nondelivery of goods.

(2.) The plaintiff's case is that on 25-6-1948 one Mano Mohan Bhowmick delivered to the East Indian Railway Administration at Sealdah railway station a consignment of ten bags of waste cotton yarn for carnage to Kamala-sagar railway station on another railway system in the District of Tipperah and for delivery of the same to the consignee thereof. It is also the plaintiff's case that on 26-6-1948 the said Mano Mohan Bhowmick endorsed the relative railway receipt to the plaintiff upon receipt of a sum of Rs. 4,049/8/- as the value of the goods. It is alleged that by reason of such endorsement and the payment of the value of the goods, the plaintiff became the owner of the goods and thus entitled to sue.

(3.) The point for decision at this stage is whether by reason of the endorsement and the payment of the value of the goods as pleaded, a part of the plaintiff's cause of action arose within the ordinary original jurisdiction of this Court. It is to be observed that leave under Clause 12 of the Letters Patent was granted to institute this suit on the Original Side of this Court. It is not indicated in the plaint what facts constituted a part of his cause of action which arose within the said jurisdiction. Presumably, the plaintiff was relying upon service of the notice under Section 77, Railways Act, which must have taken place within the said jurisdiction, as constituting a part of the plaintiff's cause of action.