JUDGMENT-This appeal is filed from the decision of the learned Judge of the City Civil Court, Bombay, given on the Defendants Notice of Motion No. 2759 of 1980 in Long Cause Suit No. 4847 of 1970.

2. The respondents to this appeal are the two plaintiffs who filed the said suit. The defendants to the suit who are the appellants before me are the Union of India who are sued as owners of the Northern Railway and the Central Rail way and acting through their respective General Managers at New Delhi and V. T. Bombay-1.

3. The plaintiffs to the suit are the Indian Hume Pipe Company Ltd., a public limited Company, having its registered office at Bombay, and the New Great Insurance Company of India Limited, also originally a public Limited Company having its principal place of business at Churchgate Reclamation, Bombay. It may be mentioned that the suit is of 1970 and during the decade, the 2nd plaintiffs have been nationalised and thereafter must have been merged with one of the four Government Corporation which are now carrying on the nationalised general insurance business.

4. As the summary of the pleadings would indicate, the claim is in effect and substance by the Insurance Company,

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