Judgment

MITTER, J. : This group of applications can be divided into two parts. The object of one group is to get the plaints in nine suits filed in this Court rejected while that of the other group is to stay the hearing of the suits. The suits are all of the same pattern in each of which the State of Bihar figures as the plaintiff. The Union of India is the first defendant in all of them while the second defendant in six is Hindustan Steel Ltd., and in three others the Indian Iron and Steel Company Ltd. The cause of action in all the suits is of the same nature. Briefly stated the plaintiff s case in all the suits is that "due to the negligence or deliberate action of the servants of both defendants there was a short delivery or iron and steel material ordered by the plaintiff to various sites in the State of Bihar in connection with the construction work of the Gandak Project". As the goods were in all cases booked by rail for despatch to the project site both defendants are sought to be made liable for short delivery, the first defendant as the owner of the railway and the second defendant as the consignor of the goods under contract with the State of Bihar for supply of the mat