P. B. MUKHARJI, J.

( 1 ) THIS suit has by consent of parties and counsel been tried on a preliminary point of jurisdiction.

( 2 ) BEFORE stating the preliminary point, it will be appropriate to refer to the nature of the suit, the claim made therein, and the admitted facts. In this suit a partnership firm by the name of Calcutta Motor and Cycle Company is suing the Dominion of India now the Union of India for a sum of its. 3,702-8-0 being the loss and damage which it is alleged to have suffered on account of short delivery of 483 pieces of bicycle chains out of a total consignment of 1000 pieces. These chains were despatched by the plaintiff from Byculla outside the jurisdiction of this Court to Howrah-outside the jurisdiction of this Court and which were intended to be carried over the two Railways of the Bengal Nagpur Railway and the East Indian Railway, neither of which runs through any part of the territorial limits of the Ordinary Original Civil Jurisdiction of this Court. These two Railways are now State Railways. It is admitted that the cause of action for this suit arose entirely outside the original jurisdiction of this Court. These are the admitted facts. The jurisdicti

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