( 1 ) THIS is an appeal against an order passed under Section 47, Civil P. C. The decree-holders are the appellants before us. By the said order it was held that the decree which was passed was without jurisdiction.

( 2 ) THE facts leading up to this appeal are as follows: Originally a suit was brought in the court of the Munsif at Chandpur by the appellants on the allegation that out of 51 bundles of tobacco booked from Shampur station on the A. B. Railway to Chandpur station on the same Railway only 14 bundles were delivered. The claim was made against the then Governor-General in Council of India. The said suit was filed before August 1947, before the date on which partition of India took place. While the said suit was pending the partition of India was effected and thereafter a decree was obtained from the said court by the appeilanta on 18-5-1948. By the said decree the defendant was given three months' time to pay all the decretal dues. The payment of the decretal amount not having been made a notice under Section 80, Civil P. C. was served on the Union of India and thereafter a suit being Money Suit No. 10 of 1949 was brought in the court of the Sixth S