Judgement

Appeal (No. 71 of 1936) from a decree of the High Court in its appellate jurisdiction (August 22, 1935) reversing a decree of the High Court in its original civil jurisdiction (June 8, 1934).

The question involved in this appeal was whether the appellants, the Commissioners for the Port of Calcutta, a statutory body constituted under the Calcutta Port Act (Ben. Act III. of 1890) were liable for the damage caused by the flooding of a pumping station belonging to the respondents, the Corporation of Calcutta, a statutory body constituted under the Calcutta Municipal Act (Ben. Act III. of 1923), and whether the claim, if any, was barred by time under s. 142 of the Calcutta Port Act, which requires a suit " for anything done, or purporting or professing to be done, in pursuance of this Act " to be brought within three months " from the day on which the cause of action in such suit shall have arisen/ The damage due to the flooding, which occurred in July, 1926, had been held to be Rs.44,612.9.4. The suit was filed on July 20, 1928. The respondents alleged that the flooding was due to the existence of two holes under the roof of a brick-lined tunnel carrying a suction pipe, whic