LAWS(CAL)-1979-7-41

BENGAL COAL CO. LTD. Vs. UNION OF INDIA

Decided On July 05, 1979
BENGAL COAL CO. LTD. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The plaintiffs, who are the appellants before us, feel aggrieved by order No. 13 dated Dec. 19, 1978 of the Subordinate Judge, Sixth Court, Alipore whereby he came to the finding that he had on territorial jurisdiction to try the suit and, accordingly directed the return of the plaint for presentation to the proper court.

(2.) The plaintiffs instituted the said suit for the recovery of a sum of Rs. 28863/- on account of compensation for short delivery of goods. The case of the plaintiffs was that the a consignment of 423 pcs. of M.S. Black Plain Sheets was booked at Burnpur by the Indian Iron and Steel Company Limited for carriage by the railway to Chinakuri. The plaintiff No. 1 was the owner and the endorsed consignee for valuable consideration in respect of the consignment. At the destination station the consignment was delivered with a shortage of 413 pcs. of the above Sheets and, accordingly, the plaintiff No. 1 suffered a loss to the extent of Rs. 28863/- and odd due to total negligence on the part of the railway administration. The consignment was covered by the policy of insurance issued by the plaintiff No. 2. The plaintiff No. 1 preferred the claim on the plaintiff No. 2 and the latter had paid the claim to the respondent No. 1 in consequence whereof and on the basis of the letter of subrogation, the plaintiff No. 2 became entitled to recover compensation from the defendant for the loss caused as aforesaid.

(3.) In paragraph 14 of the plaint, it has been alleged that the cause - of - action for the suit arose at the delivery station but since the head office of the South Eastern Railway is at Garden Reach, Calcutta, within the jurisdiction of the court of the Subordinate Judge, the suit was filed in that court.