( 1 ) THIS rule raises a question of the interpretation of Article 8 (1) (a) of the Indian Independence (Rights, Properties and Liabilities) Order 1947. The plaintiff has claimed for short delivery of goods despatched in March 1947 before the "appointed day" from one station for delivery at another on the then Bengal Assam Railway. The stations admittedly are now both within Pakisthan.

( 2 ) THE question is whether, under the Order, the Dominion of Pakisthan or the Dominion of India is to be held liable for the alleged short delivery if it is found that the plaintiff has a legal claim on whichever is in law responsible. The Dominion of Pakisthan will be liable under the provisions of Article 8 (1) (a) if (as from the appointed day) the contract is for. purposes which as from that day are exclusively the purposes of the "dominion of Pakisthan". But I am quite unable to see how it can be said that the contract for carriage of goods in March 1947 before the Dominion of Pakisthan was ever thought of can be held as from the "appointed day" to be one that is for purposes which from that day are exclusively the purposes of the Dominion of Pakis than.

( 3 ) A similar questi