K. C. DAS GUPTA, J.

( 1 ) THIS Rule came up for hearing before Guha J. and he has referred it to a Division Bench. The suit was brought on the allegation that the plaintiff booked a consignment of torch-lights and batteries with the Bengal and Assam Railway on 16-11-1946 and that these were not delivered. The plaintiff brought a suit in a Barisal Court against the Governor General in Council as representing the Bengal and Assam Railway and obtained a decree. That decree was hit by the provisions of Indian Independence (Pakistan Court) Act (Act 9 of 1952) and thereupon the plaintiff brought a fresh suit against the Union of India in the Court of Small Causes at Sealdah. The question was raised that in view of the provisions of S. 8, Indian Independence (Rights, Property and Liabilities) Order, 1947, the Government of Pakistan is wholly responsible for any liability that may arise for breach of contract and that the Government of India has no liability. The relevant provisions of Section 8 are in these words:" (1 ). Any contract made on behalf of the Governor-General in Council before the appointed day shall, as from that day- (a) if the contract is for purposes which as from that d

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