( 1 ) THE plaintiff firm Jetmull Bhojraj filed a suit for the realisation of damages suffered by them as a portion of a consignment of textile goods had been received in a damaged condition. The claim was preferred against the Dominion of India as it then was representing certain railways systems under State management and the Darjeeling Himalayan Railway Company Ltd. The learned Subordinate Judge decreed the plaintiff's claim in part against the Darjeeling Himalayan Railway Company Ltd. , and dismissed the suit against the Do. minion of India.

( 2 ) THE Darjeeling Himalayan Railway Company Ltd. , referred the present appeal to this Court. During the pendency of the appeal the appellant Company went into liquidation and the liquidators have been duly brought on the record.

( 3 ) A Memorandum of cross objection was filed on behalf of the plaintiff firm. From the grounds taken in the memorandum it appeared that the plaintiff intended to contend that the portion of the claim disallowed by the trial Court should not have been dismissed and that the plaintiff's suit ought to have been decreed against the Dominion of India, now the Union of India as representing th