SAGARMULL AGARWALA Vs. UNION OF INDIA

JUDGEMENT

(1.) The main two questions that arise for consideration in this appeal are whether the suit giving rise to this appeal, filed by the plaintiff-appellant against the defendant-respondent, the Union of India, in the Court in Sikkim in 1972, when Sikkim was not incorporated in the Union of India as a component State, was maintainable and if it was maintainable, whether the defendant Union of India committed any breach of contract by refusing to accept delivery of a portion of hay supplied by the plaintiff and was, therefore, liable to pay compensation.

(2.) The learned District Judge who first tried the suit disposed of the same on the first question only and held that the suit was not maintainable and did not record any finding on the second question or any of the other issues framed by him. After hearing the Counsel for the parties the case was remanded by this Court by its order dated 3rd December, 1977 to the trial Court for recording its findings on the other issues as it was thought that the trial Court having recorded evidence on all the issues ought to have given decision on those issues. The trial Court has thereafter tried the other issues on the evidence on record and has sent its findings on those issues holding that the plaintiff-appellant was not entitled to any relief whatsoever on merits.

(3.) Having heard Mr. S.N. Bhattacharjee, the learned Advocate for the plaintiff -appellant and Mr. S.R. Sarkar, the learned Advocate-General appearing for the Union of India, I am of opinion that the finding of the trial Court that the suit was not maintainable against the Union of India was wrong and must be reversed but that the finding of the trial Court that the plaintiff was not entitled to any relief on merits was correct and must be affirmed. First, therefore, to the question as to whether the present suit was maintainable against the Union of India having been filed in Sikkim in 1972 when Sikkim was not incorporated as a component State of the Union of India.