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1989 Supreme(SC) 350

M.N.VENKATACHALIAH, RANGANATH MISRA
Ratan Lal Adukia – Appellant
Versus
Union Of India – Respondent


JUDGMENT

VENKATACHALIAH, J.:- These appeals, by certificate, preferred against the common order dated 17-6-1987 of the High Court of Calcutta in Full Bench Reference 1 of 1983 (reported in AIR 1987 Cal 311) raise a short and interesting question, of some general importance, whether the choice of the forum for the cognizance of suits envisaged in S. 80 of the Railways Act, 1890 (As substituted by S. 14 of the Indian Railways (Amendment) Act, 1961 (Act 39 of 1961)) is limited by S. 80 itself or whether provisions of S. 20 of the Code of Civil Procedure, 1908 and S. 18 of the Presidency Small Cause Courts Act, 1882, as the cases may be, in regard to places of suing, are also applicable to the suits referred to in the said Section 80.

The question, in other words, is whether the said S. 80 is a complete, self-contained, exhaustive Code in regard to the place of suing respecting suits constituting a special law for such suits excluding, by necessary implication, the operation of provisions of S. 20 of the Civil P. C. 1908, and S. 18 of the Presidency Small Cause Courts Act, 1882, stand excluded from operation. The Full Bench, however, has left open the question whether S. 80 also override


































































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