SHREE BIHARIJI MILLS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed by the plaintiff. It arises out of a suit instituted by the plaintiff for recovery of Rs. 1,707.00 from the defendant.

(2.) The plaintiff's allegations In the plaint were as follows: On or about the 12th of September, 1956, 260 bags of wheat were entrusted to the Railway station staff at Kudra, along with a forwarding note, for despatch to the plaintiff, by the plaintiff's agent at Kurda. The goods were stocked in the station godown at Kudra, pending issue of railway receipt. On the 13th of September, 1956, the Railway Staff at Kudra gave out that 39 bags of wheat were stolen from the godown. A note was Issued to that effect, and it was also mentioned therein that some quantities of wheat had been pilfered from five bags. Thereafter, the plaintiff's agent supplied 44 bags of wheat to the Railway Staff, and in due course, a railway receipt bearing No. 823279 was issued on the 13th of September, 1956. In due course, this wheat was despatched. On the 7th of August, 1956, 230 bags of linseed had also been entrusted to the station staff at Kudra, along with a forwarding note. This had also been kept, in the railway godown. It was subsequently found that some of the contents of 4 bags of linseed were pilfered. A short certificate for the missing quantity was issued. Thereafter, the plaintiff preferred claim for the loss sustained, by two letters dated the 29th of September, 1956, addressed to the Chief Commercial Superintendent. In due course, this suit was filed, claiming Rs. 1,588.00 for the loss with respect to the wheat, and Rs. 119.00 for the loss with respect to the linseed.

(3.) A written statement was filed by the defendant, on the 2nd of May, 1958, controverting the allegations of the plaintiff, and by an amendment dated the 18th March, 1960, paragraph 2A was inserted to the following effect, namely:-"That this Court has got no jurisdiction to try the suit". On the 21st of March, 1960, the plaintiff filed a petition praying that the question of jurisdiction be decided as a preliminary issue in the suit. Thus, a preliminary issue as to the jurisdiction of the Court where this suit was instituted, namely, the court of the 1st Munsif at Patna, was agitated,