( 1 ) THIS is an appln. for revn. of an order, dated 29-4-1960, passed by an Addl. Dist. J. of 24-Pergannas.

( 2 ) THE facts are briefly as follows: On 30-1-1946, sixty-five bags of tobacco were booked by the pltf. opposite party from Nilphamari, a station on the B. A. Rly. Administration for carriage and delivery to him at Khulna which is also on the same Rly. Administration. Both the stations are now within the Dominion of Pakistan. On 8-2-1946, the pltf. was given delivery of only forty, five bags out of sixty-five bags, the balance having been lost in transit. On 22-1 1947, the pltf. instituted a suit against the then Governor-General of India in Council as representing the B. A. Rly. Administration. This suit was instituted in the Ct. of the Subordinate Judge at Khulna, and it was based on a claim for compensation for short delivery of consignment. On 15-7-1948, the Khulna Ct. ordered the return of the plaint to the pltf. holding that the liability was of the Indian Dominion. Thereupon on 80-7-1948, the plaint was refiled in the Ct. of the Subordinate Judge at Alipore against the Dominion of India as representing the E. I. Rly. Administration.

( 3 ) THE present pet