JUDGMENT

H. R. KHANNA, J. :—This appeal by special leave by the State of Kerala is against the Full Bench decision of the Kerala High Court affirming on appeal the judgment and decree of the trial Court whereby the suit for recovery of Rupees 28,208.70 filed by the appellant against the General Manager, Southern Railway respondent was dismissed.

2. The appellant booked 2,000 tons of rice in 21, 310 bags from Bareilli railway station for being transported to Trivandrum central railway station as per 10 railway. receipts during the period from June 25 to July 5, 1950. According to the case of the appellant, the rice delivered at Trivandrum central railway station was short by 79,378 lbs. It was also averred that the rice in 327 bags was found to be damaged. The appellants accordingly claimed Rupees 28,208.70 as damages from the respondent.

3. The respondent resisted the claim of the appellant, inter alia, on the ground that the suit was not maintainable as the Union of India had not been impleaded as a defendant to the suit and that a suit by a State against the Union of India could be instituted only in the SC of India under Article 131 of the Constitution. It is not necessary to set