( 1 ) IN this reference a Division Bench of this Court has referred the following questions to the Full Bench, namely, (1) Is service of notice under Section 80 of the Code of Civil Procedure a part of the cause of action for the purpose of determining the question of jurisdiction?. (2) Was the case Dominion of India v. Jagadish Prosad Pannalal a firm, 84 Cal LJ 175 : (AIR 1949 Cal 622) rightly decided in so far as it held that service of notice under Section 80 forms part of the cause of action on the question of jurisdiction? the opposite party obtained a decree for a sum of Rs. 575/- (Rupees five hundred and seventy five) only together with costs against the petitioner as compensation for non-delivery of certain goods carried by the railway. The petitioner contested the suit by filing a written statement but did not challenge the jurisdiction of the Trial Court to try the suit. A contested decree was passed in favour of the petitioner and when that decree was put into execution the petitioner took the plea that the decree was a nullity because it was passed by a Court having no territorial jurisdiction and as such the decree could not be executed. The executing Co