( 1 ) THE facts giving rise to the reference are as follows: 10 different suits were instituted in the Court of Small Causes, Calcutta, for recovery of compensation for loss of certain goods consigned for carriage from stations on the North Western Railway to Howrah, a station on the East Indian Railway.

( 2 ) IN the plaint it was alleged that a part of the cause of action arose within the jurisdiction of the Court, as the notices of claim under Section 77 of the Indian Railways Act were issued from Calcutta and were served on the 1st defendant, East Indian Railway, in Calcutta within the jurisdiction of the Court.

( 3 ) THE defendants in these suits were described as follows : (1) Governor General for India in Council representing East Indian Railway; (2) Governor General for India in Council representing North Western Railway.

( 4 ) A common defence to these suits inter alia was that the Court had no jurisdiction to try the suits.

( 5 ) BY consent of parties, the above 10 suits were directed to be heard together.

( 6 ) BY an order dated 19-12-1947, the learned trial judge decreed the suits.

( 7 ) IN overruling the plea as to want of jurisdiction of the Court, the l