RAJ KUMAR SHAW Vs. DOMINION OF INDIA

JUDGEMENT

(1.) This is a suit against the Dominion of India representing the East Indian Railway. The matter has been set down for hearing of the preliminary issue whether or not this Court has jurisdiction to try this suit.

(2.) On behalf of the plaintiff, it is admitted that the only part of the cause of action upon which they can rely is the issue and service of notice under Section 80, Civil P.C. at Calcutta within the jurisdiction of this Court. It is admitted by counsel for the defendant that notice under Section 80, Civil Procedure Code was both issued at and served in Calcutta within the jurisdiction of this Court. It is contended by the defendant that the issue and service of such notice is not part of the cause of action 'and therefore this Court has no jurisdiction.

(3.) I am satisfied on the authorities that notice under Section 80, Civil P.C., is part of the cause of action for the purpose of jurisdiction. That such notice is part of the cause of action was decided by Sinha J. in -- 'Dunlop Rubber Co. (India), Ltd. v. Governor-General', in Suit No. 1679 of 1946 (Cal), and was held in --'Dominion of India v. Jagadishprosad Pannalal', 84 Cal LJ 175. These cases are binding upon me and I am bound to follow them.