( 1 ) THIS appeal which is from a decision of Mr. Justice G. K. Mitter arises out of a suit brought by the appellant against the Union of India for damages for non-delivery of certain goods entrusted to the then Bengal and Assam Railway on or about 15-9-1944 for carriage from Calcutta (Sealdah) to Parbatipur Station. As the goods were not delivered to the appellant at the destination station, the appellant filed a suit against the Governor-General-in-Council and the Bengal and Assam Railway in the Court of the Subordinate Judge at Dinajpore on 20-11-1945 after giving notice under Section 50 of the Civil Procedure Code on 27-8-1945. The Subordinate Judge of Dinajpore which became a part of Eastern Pakistan after the Partition of India on 14-8-1947 passed a decree in favour of the appellant for Rs. 25,000/- against the defendants after contest on 19-2-1949. While this decree remained unsatisfied, the Government of India promulgated an Ordinance known as Indian Independence Pakistan Courts (Pending Proceedings) Ordinance in October, 1951 whereby certain decrees passed by Pakistan Courts imposing liability or obligation on the Governor-General-in-Council were rendered ineffec