( 1 ) THIS is a suit for recovery of Rs. 55,398/7/- for compensation for non-delivery of two consignments of Indian cotton twist yarn entrusted to the railway for carriage from Wadi Bunder and Ahmedabad, being stations on the G. I. P. Railway and B. B. C. I. Railway, to Raigarh, a station on the Bengal Nagpur Railway.

( 2 ) THIS suit was originally filed in the Court of the 4th Subordinate Judge, Alipore District, 24-Parganas, as Money Suit No. . 9 of 1945 on 12th April, 1945.

( 3 ) THE suit has been transferred to this Court by an order made under Clause 13 of the Letters Patent on 23rd of July, 1945.

( 4 ) THE matter has now been set down before me for trial of a preliminary issue as to whether this Court has jurisdiction to entertain and try the suit. It is agreed by the parties that I shall try this issue" first.

( 5 ) THE case of the plaintiff as laid in the plaint is that the plaintiff carries on business in manufacturing and dyeing yarn at 24, Tantipara, Lane, Salkea, in the district of Howrah under the name and style of Calcutta Fast Colour Dye Works and his place of business and factory is at Raigarh in the district of Bilaspur. The Bengal Nagpur Railway Admi