( 1 ) THIS is an appeal from a judgment and decree of G. K. Mitter, J. , dismissing the plaintiffs suit for recovery of a sum of Rs. 25,547/6/- as compensation for non-delivery of certain goods entrusted to the then East Indian Railway, which was a State Railway. It appears that the appellant, which is a partnership firm and carries on business at 59. Cross Street, Calcutta and also at Chandari and Kanpur, delivered to the then East Indian Railway on 26th February, 1949 a consignment of artificial silk goods for carriage from Chandari Station to Howrah Station both on the East Indian Railway. The East Indian Railway at all material times had its head office at No. 17 Netaji Subhas Road, Calcutta. As the goods were not delivered to the appellant the Tatter after giving notice under Section 77 of the Indian Railways Act and Section 80 of the Code of Civil Procedure filed a suit in this Court on 14th July, 1950. No leave under Clause 12 of the Letters Patent was however, obtained before institution of the suit. The learned trial Judge has dismissed the suit on the preliminary ground that this court has no Jurisdiction to entertain the suit.

( 2 ) THE only question which ari